(1)Civil penalties, not to exceed $200 per violation, may be assessed for a facility operating without registration.
(2)Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing from the Division. The notice shall be sent by registered or certified mail and shall include:
(a)A reference to the particular sections of the statute, rule, standard, or order involved;
(b)A short and plain statement of the matters asserted or charged;
(c)A statement of the amount of the penalty or penalties imposed; and
(d)A statement of the right to request a hearing.
(3)The person to whom the notice is addressed shall have ten days from the date of mailing in which to make written application for a hearing.
(4)All hearings shall be conducted according to the applicable provisions of ORS 183.310 (Definitions for chapter) to 183.550.
(5)If the person notified fails to request a hearing within the time specified; or if after a hearing the person is found to be in violation of a statute, rule, or order, an order may be entered assessing a civil penalty.
(6)Unless the penalty is paid within ten days after the order becomes final, the order constitutes a judgement and may be recorded by the County Clerk which becomes a lien upon the title to any interest in real property owned by the person.
(7)Civil penalties are subject to judicial review under ORS 183.480 (Judicial review of agency orders), except that the court may, at its discretion, reduce the amount of the penalty.
(8)All penalties recovered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) shall be paid into the State Treasury and credited to the General Fund.
Rule 411-068-0090 — Civil Penalties,