OAR 740-300-0110: Violation of Rules Under ORS 825.258 — Mitigation

A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties imposed under OAR 740-300-0090, and who has requested mitigation within 15 days of service of a penalty order, may be eligible for mitigation of penalties under the guidelines established in sections (1) and (2) of this rule. Except as otherwise ordered by the Department in a particular case, the mitigation policy shall apply to any person who incurs a penalty under OAR 740-300-0090 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 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. (2) 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 or requested at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed or requested at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis.