OAR 845-026-6110: Hemp Registry Civil Penalties

(1) For each violation of a provision of ORS 571.295 to 571.297, or these rules, the Commission may impose a civil penalty of up to $10,000 per violation. (a) Each violation of a provision of ORS 571.295 to 571.297, or these rules is a separate violation. (b) Each unit of sale sold, offered for sale, transferred or delivered in violation of a rule or statute constitutes a separate violation. (c) Civil penalties are assessed as follows: (A) Except as provided in paragraphs (B) to (E) of this subsection, violations of OAR 845-026-6000 to 845-026-6120 will be assessed up to $500 per violation with an overall cap of $10,000 for all violations charged concurrently in a single notice. (B) Violations of OAR 845-026-6030(3)(a) will be assessed up to $1,000 per violation with an overall cap of $50,000 for all violations charged concurrently in a single notice. (C) Knowing violations of OAR 845-026-6030(3)(a) will be assessed up to $2,000 per violation with an overall cap of $100,000 for all violations charged concurrently in a single notice. (D) Notwithstanding paragraphs (A) to (C) of this subsection, the following are assessed up to $5,000 per violation with an overall cap of $500,000 for all violations that are charged concurrently in a single notice: (i) Violations that create a present or substantial likelihood of a threat to public health or safety. (ii) Violations of OAR 845-026-6120. (E) If a person has within the previous two years been assessed a civil penalty for any violation of ORS 571.295 to 571.297, or these rules, the Commission may assess the maximum of $5,000 per violation with an overall cap of double the overall cap amounts described in paragraphs (A) to (D) of this subsection for all violations charged concurrently in a single notice. (F) The Commission may consider mitigating or aggravating factors to assess a lesser or greater civil penalty. Mitigating factors may decrease the civil penalty but will not dismiss the violation. The Commission may decrease or increase a civil penalty to prevent inequity or to take account of particular circumstances in the case. (2) OAR chapter 845, division 3 applies to any contested case conducted relating to a matter under these rules.