OAR 836-200-0560: Civil Penalties

(1) The director may impose civil penalties on reporting manufacturers for violations of ORS 646A.689 or OAR 836-200-0500 to 836-200-0560 including the following: (a) Failing to provide required information, or providing inaccurate or incomplete information; (b) Failing to respond in a timely manner to a written request by the department for additional information; or (c) Failing to submit timely required reports. (2) For a reporting manufacturer’s first violation of ORS 646A.689 or OAR 836-200-0500 to 836-200-0560, the civil penalties imposed under this section will adhere to the following schedule: (a) For failing to provide required information or providing inaccurate or incomplete information, and for each missing, inaccurate or incomplete data element. No greater than $500 per day of violation for the first 30 days, and no greater than $1,000 per day of violation thereafter. (b) For failing to respond in a timely manner to a written request by the department for additional information. No greater than $1,500 per day of violation for the first 30 days, and no greater than $3,000 per day of violation thereafter. (c) For failing to submit timely required reports. No greater than $2,500 per day of violation for the first 30 days, and no greater than $5,000 per day of violation thereafter. (3) For reporting manufacturers that have previously violated ORS 646A.689 or OAR 836-200-0500 to 836-200-0560, the civil penalties imposed under this section will adhere to the following schedule: (a) For failing to provide required information or providing inaccurate or incomplete information, and for each missing, inaccurate or incomplete data element. No greater than $1,000 per day of violation. (b) For failing to respond in a timely manner to a written request by the department for additional information. No greater than $3,000 per day of violation. (c) For failing to submit timely required reports. No greater than $5,000 per day of violation. (4) For any other violation, including any violation constituting a breach of the good faith expectations specified in OAR 836-200-0525, any violation committed with intent to obstruct the department’s administration of ORS 646A.689 or OAR 836-200-0500 to 836-200-0560, or any violation committed with intent to engage in conduct injurious to the public, the civil penalty imposed under this section will be no greater than $10,000 per day of violation.