OAR 918-305-0702: Photovoltaic Installations of 1MW or Greater — Penalty Guidelines

(1) Scope and authority. This rule sets guidelines for assessing civil penalties for violations of any provision of the rules or statutes relating to photovoltaic installations 1MW or greater. (2) “Continuing Offense” means violation of a code, rule, or law on one or more additional days after having been notified that the act in question, or failure to act, is a violation. (a) An additional day is any day, other than the first day, an offense takes place; however, defects noted by an inspector in an element of assembly or construction shall not be considered an offense if the defect is corrected and an inspection request made in no more than 20 calendar days. (b) Notification is not dependent upon a penalty having been assessed. (c) “Continuing Violation” has the same meaning as “continuing offense.” (3) Amount of penalty that may be assessed: (a) Not less than $4,000 and not more than $5,000 for each violation; or (b) Not more than $1,000 for each day of a continuing violation. (4) Civil penalties may be assessed in addition to the suspension or revocation of a license, certificate of competency or similar authority issued by the division. (5) If anything in this rule conflicts with another rule, this rule controls.