OAR 740-300-0045: Violation of ORS Chapter 818 — General Penalties

(1) Except as otherwise ordered by the Department in a particular case, any person who violates or aids and abets a violation of any provision of ORS Chapter 818, or any rule or order of the Department related thereto which has not otherwise been provided for in the Department’s rules, shall be subject to the penalties in sections (2), (3) and (4) of this rule. (2) Level I penalties are $100 for each new violation if: (a) No penalty order or cease and desist order has been entered against the defendant within the preceding five years for similar violations of statutes and rules described in this section; and (b) No other notice of proposed civil penalty is pending against the defendant for similar violations. (3) Level II penalties, except as provided in section (4) of this rule, apply to a defendant who does not meet the criteria in subsections (2)(a) and (b) of this rule. The penalties shall include: (a) $100 for each new violation committed; (b) Imposition of penalties suspended under prior orders for similar violations, unless suspensions have been permanent by the terms of the order; and (c) Suspension of ability to operate under variance permit for five working days if warranted by the circumstances of the particular case. (4) Level III penalties apply to a defendant who has been penalized for similar violations at Level II within one year preceding the violation. The penalties shall include: (a) $100 for each new violation committed; (b) Imposition of penalties suspended under prior orders for similar violations; and (c) Suspension or cancellation of ability to operate under variance permit if warranted by the circumstances of the particular case.