OAR 259-008-0250
Notice of Civil Penalty

(1)

Considerations. In determining the amount of a civil penalty the Department will consider:

(a)

Any prior violation of statute or rule by the agency;

(b)

The financial benefits, if any, realized by the agency as a result of the violation, such as costs avoided as a result of not having attended required training;

(c)

The gravity of the violation; and

(d)

The agency’s history of correcting violations and preventing recurrence of violations.

(2)

Single Violation Civil Penalties. A violation of any requirement within any part of the following statutes is a violation that may result in a civil penalty after a single occurrence. The violations include, but are not limited to:

(a)

ORS 181A.560 (Certification of telecommunicators and emergency medical dispatchers) (Certification requirements for a Telecommunicator);

(b)

ORS 181A.560 (Certification of telecommunicators and emergency medical dispatchers) (Certification requirements for an Emergency Medical Dispatcher);

(c)

ORS 181A.520 (Certification of corrections officers) (Certification requirements for a Corrections Officer);

(d)

ORS 181A.520 (Certification of corrections officers) (Failing to attend Basic Corrections training within required timeframe);

(e)

ORS 181A.520 (Certification of corrections officers) (U.S. citizenship requirements for a Corrections Officer);

(f)

ORS 181A.530 (Certification of parole and probation officers) (Certification requirements for a Parole & Probation Officer);

(g)

ORS 181A.530 (Certification of parole and probation officers) (U.S. citizenship requirements for a Parole & Probation Officer);

(h)

ORS 181A.530 (Certification of parole and probation officers) (Part-time Parole & Probation continuing education requirement);

(i)

ORS 181A.490 (Certification of police officers and certified reserve officers) (Certification requirements for a Police Officer);

(j)

ORS 181A.490 (Certification of police officers and certified reserve officers) (Failing to attend Basic Police training within required timeframe);

(k)

ORS 181A.490 (Certification of police officers and certified reserve officers) (U.S. citizenship requirements for a Police Officer).

(3)

Amount of Civil Penalty:

(a)

An agency found in violation of any requirement listed in section (2) of this rule is subject to a civil penalty of not more than $1,500 per violation per day, unless otherwise provided by this section;

(b)

The Department may reduce civil penalty amounts where mitigation is warranted, or resolved by stipulation as provided in section (9) of this rule.

(4)

Payment to be Considered Admission of Violation. Unless the Department agrees otherwise, any payment of a civil penalty is considered as admission of violation of the statutes or rules cited in the civil penalty notice for which the civil penalty was paid.

(5)

Notice. The Department’s notice of its intent to impose a civil penalty will include a statement that if the agency fails to request a hearing within twenty (20) days of the date of service of the notice, the agency’s right to a hearing is waived.

(6)

Informal Conference. When the Department issues a notice of civil penalty, the agency will be entitled to an informal conference to respond to the notice. The conference must be held before a person authorized to issue an order or to make recommendations regarding issuance of an order. The Department must receive a request for an informal conference in writing within twenty (20) days of the date of service of the notice of civil penalty. If the agency fails to submit a timely request for a conference, the agency’s right to a conference is waived.

(7)

Hearing Request:

(a)

Right to Hearing. If the Department issues a notice of intent to impose a civil penalty, the agency is entitled to a contested case hearing in accordance with the provisions of ORS Chapter 183 (Administrative Procedures Act);

(b)

Request for Hearing. The Department must receive a request for a hearing in writing within twenty (20) days of the date the notice of intent to impose a civil penalty was served on the agency. The Department may extend the time allowed for submission of the admission/denial and affirmative defenses for up to 30 calendar days, if requested in writing.

(8)

Default Order. If a hearing is not timely requested, or if an agency withdraws a hearing request or fails to appear at a scheduled hearing, the Department may enter a final order by default imposing the civil penalty. In the event of a default, the Department’s file or files on the subject of the civil penalty automatically becomes a part of a contested case record for purposes of proving the Department’s prima facie case.

(9)

Department staff is authorized to seek resolution by stipulation, subject to Department acceptance and approval under the following conditions:

(a)

The matter is resolved prior to entry of a final order assessing a civil penalty;

(b)

The agency corrects or proceeds to correct all violations noted in a notice of intent to issue a civil penalty within a prescribed timeframe;

(c)

The civil penalty amount agreed to is tendered in a certified check, bank draft, cashier’s check or postal money order, made payable to the Department, along with the stipulation.

(10)

A stipulation will not be accepted for less than the amount provided for in the notice of civil penalty if the violation is not corrected as part of the resolution.

Source: Rule 259-008-0250 — Notice of Civil Penalty, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=259-008-0250.

259–008–0000
Policies and Objectives 259–008–0001
Board and Department Policies for the Impacts of COVID-19 259–008–0005
Definitions 259–008–0010
Minimum Standards for Employment as a Law Enforcement Officer or Utilization as a Reserve Officer 259–008–0011
Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher 259–008–0015
Background Investigation 259–008–0017
Public Records 259–008–0018
Authorized Signer / Signature Authority 259–008–0020
Personnel Actions, DPSST Numbers and Use of Legal Name 259–008–0025
Minimum Standards for Training 259–008–0040
Period of Service 259–008–0045
Education Credits 259–008–0060
Public Safety Officer Certification 259–008–0064
Maintenance of Certification for Telecommunicators and Emergency Medical Dispatchers 259–008–0065
Maintenance of Law Enforcement Officer Certification 259–008–0067
Lapse and Expiration of Public Safety Professional Certifications 259–008–0069
Tribal Law Enforcement 259–008–0075
Determinations of Eligibility to be a Candidate for Election to the Office of Sheriff 259–008–0076
Eligibility Requirements for Police Chief 259–008–0078
Eligibility Requirements for Limited Duration, Administrative Positions 259–008–0080
Instructors for Mandated Training 259–008–0085
Minimum Standards for Mandated Courses 259–008–0090
Training Records 259–008–0100
Miscellaneous Activities of the Board or Department 259–008–0110
Prohibited Use of Force Training 259–008–0200
Civil Penalties 259–008–0220
Sanctions, Generally 259–008–0250
Notice of Civil Penalty 259–008–0290
Denial of Public Safety Professional Certifications for Pre-employment Criminal Dispositions 259–008–0300
Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications 259–008–0310
Denial/Revocation - Initiation and Review of a Professional Standards Case 259–008–0320
Scope of Denial/Revocation and Eligibility for Certification Following Denial/Revocation 259–008–0330
Surrendering Certifications 259–008–0340
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures 259–008–0400
Review of Complaints
Last Updated

Jun. 8, 2021

Rule 259-008-0250’s source at or​.us