OAR 141-088-0009
Unauthorized Uses and Penalties

(1)

The unauthorized use of state-owned land managed by the Department constitutes a trespass.

(2)

In addition to any other penalties provided or permitted by law, the Department may pursue whatever remedies are available under law to ensure that any use that is in violation with these rules is either brought into compliance with the requirements of these rules or other applicable law, or ceased or removed.

(3)

In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not more than $1,000 per day of violation for violations of any provision of these rules or ORS 274 that occurs on state-owned submerged or submersible lands pursuant to ORS 274.992 (Civil penalties).

(4)

The Director will give written notice of a civil penalty incurred under OAR 141-088-0009 (Unauthorized Uses and Penalties)(3) by registered or certified mail to the person incurring the penalty. The notice will include, but not be limited to the following:

(a)

The particular section of the statute or this rule involved;

(b)

A short and clear statement of the matter asserted or charged;

(c)

A statement of the party’s right to request a hearing within 20 calendar days of the notice;

(d)

The time allowed to correct a violation; and

(e)

A statement of the amount of civil penalty which may be assessed and terms and conditions of payment if the violation is not corrected within the time period stated.

(5)

The person incurring the penalty may request a hearing within 20 calendar days of the date of service of the notice provided in OAR 141-122-0130 (Enforcement Actions; Civil Penalties and Other Remedies)(3) or 141-123-0120 (Enforcement Actions; Civil Penalties and Other Remedies)(3). Such request must be in writing. If no written request for a hearing is made within the time allowed, or if the party requesting a hearing fails to appear, the Director may make a final order imposing the penalty.

(6)

In imposing a penalty under OAR 141-088-0009 (Unauthorized Uses and Penalties) of these rules, the Director will consider the following factors as specified in ORS 274.994 (Amount of civil penalties):

(a)

The past history of the person incurring a penalty regarding other trespasses on state-owned land manager by the Department;

(b)

Any prior violations of statutes, rules, orders and authorizations pertaining to submerged and submersible land;

(c)

The impact of the violation on public trust uses of commerce, navigation, fishing and recreation; and

(d)

Any other factors determined by the Director to be relevant and consistent with the policy of these rules.

(7)

Pursuant to ORS 183.090(2), a civil penalty imposed under OAR 141-088-0009 (Unauthorized Uses and Penalties) will become due and payable 10 calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal.

(8)

If a civil penalty is not paid as required by OAR 141-088-0009 (Unauthorized Uses and Penalties), interest will accrue at the maximum rate allowed by law from the date first due.

Source: Rule 141-088-0009 — Unauthorized Uses and Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-088-0009.

141‑088‑0000
Purpose and Applicability 141‑088‑0002
Definitions 141‑088‑0004
General Provisions 141‑088‑0005
Restriction or Closure Request and Review Process 141‑088‑0006
Restrictions or Closures Adopted by the State Land Board 141‑088‑0007
Restrictions or Closures Imposed by the Director to Address an Emergency 141‑088‑0008
Restrictions or Closures Imposed by the Director to Facilitate or Protect Removal or Remedial Actions 141‑088‑0009
Unauthorized Uses and Penalties 141‑088‑0010
Restrictions for the State-Owned Property at Dibblee Point (Columbia River) 141‑088‑0020
Restrictions for the State-Owned Banks of the McKenzie River Bar 141‑088‑0035
Restrictions for the State-Owned Banks of the Sandy River 141‑088‑0040
Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of Dodson and Warrendale 141‑088‑0050
Restrictions for the State-Owned Banks of the Chetco River 141‑088‑0055
Restrictions on Use of Motorized Vehicles in the State-Owned Bed and Banks of the Chetco River 141‑088‑0060
Restrictions for the State-Owned Banks of the Willamette River in the Vicinity of Wheatland Bar Island and Willamette Mission State Park and Adjacent Upland 141‑088‑0070
Restrictions for the State-Owned Bed and Banks of the Willamette River in the Vicinity of the Former McCormick-Baxter Plant 141‑088‑0080
Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of the Gary Island 141‑088‑0090
Closure of Sand Lake Estuary 141‑088‑0100
Closure of Siltcoos River Estuary 141‑088‑0110
Closure of Tenmile Creek Estuary 141‑088‑0120
Closure of Tahkenitch Creek Estuary 141‑088‑0130
Closure of Berry Creek Estuary 141‑088‑0140
Closure of Sutton Creek Estuary 141‑088‑0150
Closure of Twomile Creek Estuary 141‑088‑0160
Closure of New River, Floras Creek and Fourmile Creek 141‑088‑0170
Closure of Euchre Creek Estuary 141‑088‑0180
Closure of Pistol River Estuary 141‑088‑0190
Restrictions for the State-Owned Property at Jones Beach (Columbia River) 141‑088‑0195
Restrictions for the State-Owned Property at Stevens Road 141‑088‑0200
Restrictions for the State-Owned Property on the West Half of Juniper Canyon Parcel 141‑088‑0205
Restrictions for the State-Owned Property on the South Redmond Parcel 141‑088‑0210
Restrictions for the State-Owned Banks and Islands of the Willamette River within the city of Eugene 141‑088‑0220
Restrictions for the State-Owned Banks and Islands of the Willamette River within the boundaries of Swan Island inside the city limits of Portland 141‑088‑0230
Restrictions for the State-Owned Property of the Columbia River and Oregon Slough
Last Updated

Jun. 8, 2021

Rule 141-088-0009’s source at or​.us