OAR 736-080-0020: Civil Penalty Policy

(1) Upon the Director’s own initiative, or in response to a complaint of an alleged violation of ocean shore statutes, rules, standards, permit conditions, or Director’s order, the Director may investigate, including entering at reasonable times upon lands within the ocean shore, including private property within the ocean shore, to determine if a violation has occurred and to ascertain the nature, extent, severity and other factors of the violation. The Director, or the Director’s agents, shall not enter upon private property landward of the ocean shore without the property owners permission. When landowner permission is not forthcoming and access through the property landward of the ocean shore is necessary to investigate, assess and prescribe remedies for suspected or known ocean shore violations, the Director, his staff or agents, may enter such property when accompanied by appropriate law officers bearing a court issued search warrant or other appropriate authorization; (2) Upon a determination that a violation has occurred, the Director shall observe the procedures set forth in these rules and may impose a civil penalty against the party responsible for the violation. The Director may waive a civil penalty as provided in section (3) of this rule. The Director bears the burden of proof to establish that a violation has or is occurring. Imposing a civil penalty under these rules for an ocean shore violation shall not preclude the Director from pursuing other regulatory or penalty actions provided by law. (3) Timely compliance with the ocean shore statutes and regulations and avoidance of long-term or irreversible impacts to the scenic, recreation and natural resources of the ocean shore is the Department’s goal in dealing with violations. At the Director’s discretion, imposition of a civil penalty may be waived where the responsible party responds with timely compliance or voluntary restitution, where these actions are acceptable to the Department, and where they avoid long-term or irreversible impacts to the public health, safety and welfare , scenic, recreation, natural resource and economic values of the ocean shore. (4) Civil penalties imposed under this rule apply to violations of ocean shore statutes, rules, orders, and permits included in, implementing, or issued in accordance with ORS 390.610, 390.620 to 390.660, 390.690, and 390.705 to 390.770. This includes ocean shore alteration permits issued under 390.640, permits for pipe, cable, or conduit crossings of the ocean shore issued under 390.715, and permits for removal of products along the ocean shore issued under 390.725. (5) Where a civil penalty is imposed for alterations made on the ocean shore without a permit, the civil penalty shall be in addition to and not in-lieu of application fees for an after the fact application.