OAR 839-015-0510: Criteria for Determining a Civil Penalty

(1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the commissioner finds to be appropriate: (a) The history of the contractor or other person in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) The magnitude and seriousness of the violation; (d) Whether the contractor or other person knew or should have known of the violation. (2) It shall be the responsibility of the contractor or other person to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be imposed. (3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of money or valuables, if any, taken from employees or subcontractors by the contractor or other person in violation of any statute or rule. (4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating and aggravating circumstances presented by the contractor or other person for the purpose of determining the amount of the civil penalty to be imposed.