OAR 738-140-0005: Scope and Purpose

(1) These rules are designed by the Oregon Department of Aviation to establish procedures and requirements for the administration and enforcement of civil penalties. These rules are intended to explain the authority granted to the Director of the Department of Aviation by ORS 835.106 and 835.112 et seq. The civil penalty authority described in these rules is in addition to other authorities and corrective actions available to the Director and the Department regarding violations of ORS chapter 837. Civil penalties imposed under these rules apply to violations of ORS chapter 837 and associated rules, orders, or permits included in, implemented, or issued, in accordance with ORS 837.998 and 183.745. (2) At the Director’s discretion, imposition of a civil penalty may be waived when the responsible party responds with timely compliance or voluntary restitution. If the timely compliance or restitution action(s) satisfy the Department, and the violation avoided long-term and irreversible impacts on public health, safety, welfare, and economic values of persons or property, then the Director may mitigate the consequences of the violation. (3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. (4) The Department of Aviation may reduce any civil penalty provided for in this section on such terms as the department considers proper if: (a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or (b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served. (5) If the amount of such penalty is not paid to the department, the Attorney General, at the request of the department, shall bring an action in the name of the State of Oregon in the Circuit Court of Marion County to recover such penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the department. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.