OAR 820-015-0060: Civil Penalty Factors

(1) In establishing the amount of a civil penalty to be assessed pursuant ORS 672.325, the Board may consider the following factors: (a) The nature, gravity and magnitude of the violation; (b) Prior violations, including administrative, civil or criminal proceedings in any state; (c) Whether the violation was repeated or continuous; (d) Whether the violation was an inadvertent act or an intentional act; (e) The history of the respondent in taking steps necessary or appropriate to correct any violation; (f) The opportunity for and the difficulty in correcting the violation at issue; (g) Whether measures have been put in place to prevent reoccurrence. (2) In considering the factors set forth in section (1) of this rule, the applicable factors may be given varying weight depending upon the circumstances of the violation.