ORS 822.995: Civil penalties for violations related to towing; factors; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In addition to any other penalty provided by law, any person who violates any provision of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 or any rule adopted by the State Board of Towing is subject to payment of a civil penalty to the board. (2) The board may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $25,000 for each violation. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) In imposing a penalty pursuant to the schedule adopted under subsection (2) of this section, the board shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations by the person incurring the penalty of statutes, rules or orders pertaining to facilities. (c) The economic and financial conditions of the person incurring the penalty. (d) The immediacy and extent to which a violation threatens the public health or safety. [2021 c.578 §11] _______________
Official history and status
History: Note: 822.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 822 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 750-001-0050: Civil Penalty Procedures. — implements
- OAR 750-001-0050: Civil Penalty Procedures. — authority
- OAR 750-010-0001: Definitions. — authority
- OAR 750-040-0001: Violations. — implements
- OAR 750-040-0001: Violations. — authority
- OAR 750-040-0005: Administration and Implementation of ORS 98.853 — authority
- OAR 750-040-0006: Administration and Implementation of ORS 98.854. — authority
- OAR 750-040-0008: Administration and Implementation of ORS 98.856 — authority
- OAR 750-040-0015: Implementation and Administration of ORS 822.200 — authority
- OAR 750-040-0020: Separate Violations. — implements
- OAR 750-040-0020: Separate Violations. — authority
- OAR 750-040-0040: Enforcement. — implements
- OAR 750-040-0040: Enforcement. — authority
- OAR 750-060-0001: Consumer Protection and Complaints. — authority
- OAR 750-070-0020: Investigations of Violations or Complaints. — authority
- OAR 750-070-0030: Cooperation in Board Investigations. — authority
- OAR 750-070-0050: Board Actions After Investigations. — implements
- OAR 750-070-0050: Board Actions After Investigations. — authority
- OAR 750-080-0001: Progressive Discipline. — implements
- OAR 750-080-0001: Progressive Discipline. — authority
- OAR 750-080-0020: Mitigating Circumstances. — implements
- OAR 750-080-0020: Mitigating Circumstances. — authority
- OAR 750-080-0030: Disciplinary Actions and Sanctions. — implements
- OAR 750-080-0030: Disciplinary Actions and Sanctions. — authority
- OAR 750-080-0040: Civil Penalty Schedule. — implements
- OAR 750-080-0040: Civil Penalty Schedule. — authority
- OAR 750-080-0050: Effective Dates of Disciplinary Actions. — implements
- OAR 750-080-0050: Effective Dates of Disciplinary Actions. — authority
This rule cites
Cited by
- ORS 822.270: State Board of Towing Account.
- ORS 822.275: Administration of oaths; obtaining and taking evidence at board proceedings; failure to obey board subpoena.
- ORS 822.280: Denial, suspension, revocation or refusal of towing business certificate; contested case hearing.
- ORS 822.285: Additional powers of board; fees; rules.
- ORS 822.290: Denial of participation on Department of State Police tow rotation; contested case hearing.
- OAR 750-040-0008: Administration and Implementation of ORS 98.856
- OAR 750-080-0030: Disciplinary Actions and Sanctions.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors822.html