OAR 603-015-0100
Enforcement Actions

(1)

The Department may take the following enforcement actions against an animal rescue entity, either individually or in combination:
(a) Issue a notice of violation for any violations under OAR 603-015-0075 (Intent and Purpose) to OAR 603-015-0110 (Civil Penalty Determination Formula). Each animal involved and each day of a violation constitutes a separate violation. A plan of correction will accompany a notice of violation. A plan of correction will include the following:

(A)

A statement of the actions that must be taken by the animal rescue entity to eliminate the violation.

(B)

Requirements for the animal rescue entity to report the completion of specific actions.

(C)

A reasonable period of time by which compliance is to be achieved not to exceed 30 business days after service of the notice of violation, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the Department. If compliance is not achieved within the specified time frame, additional regulatory action may be taken by the Department including but not limited to license revocation, impoundment of animals, a civil penalty, or additional civil penalties.
(b) Refuse to issue or renew, suspend, or revoke an animal rescue entity’s license.
(c) Issue an order impounding animals. A violation may result in impoundment of any or all animals kept, housed, or maintained under the animal rescue entity’s possession, control, or charge. Impoundment costs incurred by the Department will be charged to the animal rescue entity. The location and manner of impoundment will be at the discretion of the Department.

(d)

Issue a civil penalty for each violation.
(e) Take any other enforcement action allowed by law.

(2)

All final orders issued under OAR 603-015-0075 (Intent and Purpose) to OAR 603-015-0110 (Civil Penalty Determination Formula) shall be contested case orders and shall comply with ORS 183.415 (Notice of right to hearing) and other applicable provisions of the Oregon Administrative Procedures Act and its implementing regulations and any other Department laws or regulations relating to such orders. An animal rescue entity shall have the right to judicial review of such orders pursuant to ORS 183.482 (Jurisdiction for review of contested cases).

(3)

At the discretion of the director, the Department may settle cases when circumstances deem it appropriate.

Source: Rule 603-015-0100 — Enforcement Actions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-015-0100.

Last Updated

Jun. 8, 2021

Rule 603-015-0100’s source at or​.us