OAR 839-014-0400: Definitions for Civil Penalties

As used in OAR 839-014-0400 to 839-014-0450 “knowingly” or “willfully” means action undertaken with actual knowledge of a thing to be done or omitted or action undertaken by a person who should have known the thing to be done or omitted. A person “should have known the thing to be done or omitted” if the person has knowledge of facts or circumstances which, with reasonably diligent inquiry, would place the person on notice of the thing to be done or omitted to be done. A person acts knowingly or willfully if the person has the means to inform himself or herself but elects not to do so. For purposes of this rule, the farmworker camp operator or any person acting as such is presumed to know the affairs of their business operations relating to farmworker camp operations.