OAR 740-300-0055: Mitigation for Violations Described in OAR 740-300-0035

A respondent who has violated ORS 825.100(2) and admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0035, 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. The mitigation guidelines set forth below shall apply to any person who incurs a penalty under OAR 740-300-0035 and who has taken corrective action, as approved by the Department, to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department: (1) If respondent has not previously received mitigation for any proposed civil penalty under OAR 740-300-0035, the Department may suspend up to 50 percent of the monetary penalty assessed or requested on the condition that the respondent must not violate ORS 825.100(2) within one year from the date of the penalty order. (2) There shall be no mitigation allowed with respect to penalties that were imposed and suspended under prior orders. (3) The Department shall consider the history of violations by the respondent and the number of violations charged in determining whether the mitigation guidelines of this rule are appropriate. There shall be no mitigation in the following cases: (a) Where the respondent has failed to pay previously assessed penalties. (b) Where the respondent provided false or misleading information to Department staff about the nature of its operations. (c) Where the respondent has already received mitigation for the proposed corrective action.