OAR 603-056-0510
Enforcement Procedures

(1) For a violation classified as Category I under OAR 603-056-0530 (Determination of Civil Penalty Amount), the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Violation or Notice of Civil Penalty.
(2) For a violation classified as Category II under OAR 603-056-0530 (Determination of Civil Penalty Amount), the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Imposition of Civil Penalty. For repeat violations or violations committed willfully, intentionally, or knowingly or for flagrant violations, the Department may issue a Notice of Violation or Notice of Imposition of Civil Penalty without first issuing a Letter of Advisement.
(3) For a violation classified as Category III under OAR 603-056-0530 (Determination of Civil Penalty Amount), the Department may issue a Notice of Violation or a Notice of Imposition of Civil Penalty.
(4) Notices of Violation and Notices of Imposition of Civil Penalty shall be imposed as provided in ORS 183.745 (Civil penalty procedures) and OAR 137-003-0501 (Rules for Office of Administrative Hearings) through OAR 137-003-0700 (Stay Proceeding and Order).
(5) Notices of Violation and Notices of Imposition of Civil Penalties may also include additional information deemed appropriate by the department, including but not limited to the following:
(a) A statement that the record of the proceeding to date, including information in the Department’s file or files on the subject of the contested case and all materials submitted by a person, automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and
(b) A statement that a collaborative dispute resolution process is available if the person requests a hearing as stated in the notice.
(8) The department may consolidate separate and distinct violations against a person for the assessment of multiple civil penalties for multiple violations. Prior to the referral of a case to the Office of Administrative Hearings, the department may consolidate actions by issuing a single Notice of Violation or Notice of Civil Penalty (or any amendment thereto) that details multiple violations. After referring the case to the Office of Administrative hearings, the department may request that an Administrative Law Judge consolidate actions by filing or a making motion.

Source: Rule 603-056-0510 — Enforcement Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-056-0510.

603‑056‑0030
Definitions 603‑056‑0050
Seed Dealer License 603‑056‑0060
Probation, Suspension, Revocation and Re-issuance of Seed Dealer License 603‑056‑0095
Seed Dealer License Fees 603‑056‑0101
Record keeping 603‑056‑0105
Labeling of Seed Containers 603‑056‑0125
Lot Sizes 603‑056‑0130
Labeling of Sod Quality for Varieties of Agricultural Seed 603‑056‑0135
Description and Use of Tags for Sod Quality Seed 603‑056‑0140
Application, Fees, and Procedures for Sod Quality Qualification 603‑056‑0145
Standards for Sod Quality Certification 603‑056‑0160
Labeling of Endophyte Fungus Tested Grass Seed 603‑056‑0165
Application and Fees for Endophyte Fungus Testing 603‑056‑0170
Procedures and Tolerance Standard for Endophyte Fungus Testing 603‑056‑0205
Prohibited and Restricted Noxious Weed Seed 603‑056‑0210
Embargo, Seizure, Detention or Quarantine of Seed 603‑056‑0305
Regular Fees and Charges for Seed Sampling and Inspection 603‑056‑0310
Phytosanitary Certificates 603‑056‑0315
Field Inspection Fees and Charges Relating To Seed 603‑056‑0320
Miscellaneous Fees and Charges for Seed Sampling and Inspection 603‑056‑0400
Germination of Vegetable Seeds 603‑056‑0410
Germination Tests 603‑056‑0415
Conditions of Packaging 603‑056‑0431
Chemically Treated Seed 603‑056‑0500
Purpose, Scope and Effective Date 603‑056‑0510
Enforcement Procedures 603‑056‑0520
Entry of Order and Appeal Rights 603‑056‑0530
Determination of Civil Penalty Amount 603‑056‑0540
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 603-056-0510’s source at or​.us