OAR 839-001-0800: Schedule of Civil Penalties for Violation of ORS 652.710(3)

(1) The civil penalties for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) When the Commissioner determines to assess a civil penalty for violation(s) of ORS 652.710(3), if delivery of notice satisfying the requirements of 652.710(3) occurred no later than three working days prior to the date upon which employee rights to conversion coverage terminate, a minimum civil penalty of $50 per employee shall be assessed. However, if delivery of notice as required by 652.710(3) is not made at least three days prior to the expiration of conversion rights, a minimum civil penalty of $500 per employee shall be assessed. (3) When the Commissioner determines to assess a civil penalty for the failure to provide all required information in the notice, a minimum civil penalty of $25 per employee for each notice not containing the required information. (4) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0780. (5) When the Commissioner determines to assess a civil penalty for any violation of ORS 652.710(3) by an employer who has previously been assessed a civil penalty for violation of ORS 652.710(3), the minimum civil penalty shall be as follows: (a) For a second offense, double the amounts specified in sections (2), (3), and (4) of this rule; (b) For third and subsequent offenses, $1,000 for each violation. (6) The civil penalties set out in this rule shall be in addition to any other penalty assessed or imposed by law or rule.