ORS 469.085: Procedure for imposing civil penalties; rules.

(1) Except as otherwise provided in this section, civil penalties under ORS 469.992 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745 (2), the notice to the person against whom a civil penalty is to be imposed shall reflect a complete statement of the consideration given to the factors listed in subsection (7) of this section. The notice may be served by either the Director of the State Department of Energy or the Energy Facility Siting Council. (3) Notwithstanding ORS 183.745, if a hearing is not requested or if the person requesting a hearing fails to appear, a final order shall be entered upon a prima facie case made on the record of the agency. (4) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the director or the council under this section may be joined by the director or the council with any other action against the same person under this chapter. (5) Any civil penalty recovered under this section shall be paid into the General Fund. (6) The director or the council shall adopt by rule a schedule of the amount of civil penalty that may be imposed for a particular violation. (7) In imposing a penalty under ORS 469.992, the director or the council shall consider: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct or prevent any violation; (b) Any prior violations of ORS chapter 469 or rules, orders or permits relating to the alleged violation; (c) The impact of the violation on public health and safety or public interests in fishery, navigation and recreation; (d) Any other factors determined by the director or the council to be relevant; and (e) The alleged violator’s cooperativeness and effort to correct the violation. (8) The penalty imposed under ORS 469.992 may be remitted or mitigated upon such terms and conditions as the director or council determines to be proper. Upon the request of the person incurring the penalty, the director or council shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1991 c.480 §2; 1991 c.734 §106; 2003 c.186 §19]