OAR 837-045-0080: Assessment of Civil Penalty and Issuance of Notice of Civil Penalty

(1) Upon receipt and review of a notice of deficiency citation and, if applicable, any accompanying documentation, the Department of the State Fire Marshal may assess a civil penalty(ies). (2) The Department of the State Fire Marshal shall assess a penalty amount determined by the Department of the State Fire Marshal to be appropriate for the particular violation(s). In determining an appropriate penalty amount, or whether to assess a penalty amount at all, the Department of the State Fire Marshal may use the schedule set forth in OAR 837-045-0085 as a guideline and may consider the following criteria: (a) The severity of the violation(s) or its impact on public safety; (b) The number of similar or related violations; (c) Whether the violation(s) was willful or intentional; (d) The prior history of penalties imposed by the Department of the State Fire Marshal against the person; (e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation(s). (3) Upon assessment of the civil penalty(ies), the Department of the State Fire Marshal shall issue a notice of civil penalty pursuant to the provisions of ORS 183.090. (4) The Department of the State Fire Marshal shall: (a) Retain the original notice of civil penalty; (b) Serve a copy of the notice of civil penalty pursuant to ORS 183.090. (5) The Department of the State Fire Marshal may mail a copy of the notice of civil penalty to the authority that issued the notice of deficiency citation. (6) If the Department of the State Fire Marshal does not assess a civil penalty, the Department of the State Fire Marshal may: (a) Mail a certified letter to the person against whom the notice of deficiency citation was issued that notifies the person that the Department of the State Fire Marshal will not assess a civil penalty for the violation(s) described in the notice of deficiency citation; and (b) Mail a copy of the letter to the authority that issued the notice of deficiency citation.