OAR 740-300-0050: Mitigation for Violations Described in OAR 740-300-0030, 740-300-0040 and 740-300-0045

A petitioner who has admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0030, 740-300-0040 or 740-300-0045, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of service of a penalty order, may be eligible for mitigation of penalties. Except as otherwise ordered by the Department in a particular case, and except as provided in section (4) of this rule, the mitigation policy set forth in sections (1), (2) and (3) of this rule shall apply to any person who incurs a penalty under OAR 740-300-0030, 740-300-0040 or 740-300-0045 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department: (1) Level I Penalties: The Department shall suspend 50 percent of the monetary penalty assessed or requested under OAR 740-300-0045 for each violation at Level I on the condition that petitioner must not violate similar statutes or regulations within one year from the date of the penalty order. (2) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested. (3) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis. (4) The Department shall consider the history of violations by the petitioner and the number of violations charged in determining whether the mitigation guidelines in sections (1), (2) and (3) of this rule are appropriate. There shall be no mitigation in the following cases: (a) Where the petitioner provided false information to the Department staff about the nature of its operations; (b) Where the petitioner willfully evaded or attempted to evade compliance, such as registration at a port of entry; or (c) Where the petitioner has failed to pay previously assessed penalties.