OAR 603-057-0502
Civil Penalties Generally
(1)
In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of ORS 634 relating to pesticide application, sale or labeling.(2)
Where the Director determines that a violation occurred before June 25, 2007, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect) and 603-057-0529 (Civil Penalty For A Violation Occurring Before June 25, 2007; Formula for Amount). The amount of such civil penalty for a first violation shall not exceed $1,000, and the amount of such civil penalty for any subsequent violation of the same provision shall not exceed $2,000.(3)
Where the Director determines that a violation did not result from gross negligence or willful misconduct, and if the violation occurred between June 25, 2007 and December 31, 2015, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect) and 603-057-0530 (Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct Between June 25, 2007 and December 31, 2015; Formula for Amount). The amount of such civil penalty for a first violation shall not exceed $1,000, and the amount of such civil penalty for any subsequent violation of the same provision shall not exceed $2,000.(4)
Where the Director determines that a violation did not result from gross negligence or willful misconduct, and if the violation occurred on or after January 1, 2016, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect) and 603-057-0531 (Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct on or after January 1, 2016; Formula for Amount). The amount of such civil penalty for a first violation shall not exceed $2,000, and the amount of such civil penalty for any subsequent violation of the same provision shall not exceed $4,000.(5)
Where the Director determines that a violation resulted from gross negligence or willful misconduct and occurred on or after June 25, 2007, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect) and 603-057-0532 (Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007; Formula for Amount). The amount of such civil penalty for a first or a subsequent violation shall not exceed $10,000.(6)
Where the Director determines that a violation involves a failure to comply with a confidentiality agreement related to the pesticide use reporting program, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0420 (Civil Penalty Determination for Failure to Comply with Confidentiality Agreement). The amount of such civil penalty for a first or subsequent violation of such confidentiality agreement shall not exceed $10,000.(7)
If a person requests a hearing, nothing in this division of administrative rules prevents the Department from amending the notice to impose civil penalties for the violation under OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect) and either OAR 603-057-0530 (Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct Between June 25, 2007 and December 31, 2015; Formula for Amount) or 603-057-0531 (Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct on or after January 1, 2016; Formula for Amount), and, in the alternative, under OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect) and 603-057-0532 (Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007; Formula for Amount). The amended notice will specify which civil penalty will be assessed if the hearing does not occur for any reason.(8)
A civil penalty imposed under the applicable statutes and these rules may be remitted or reduced upon such terms and conditions as the Director considers proper and consistent with public health and safety.(9)
Civil penalties shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal. A person may pay a civil penalty before an order becomes final. Payment of a civil penalty before an order becomes final is an admission by the person of all of the allegations in the Notice of Imposition of Civil Penalty.
Source:
Rule 603-057-0502 — Civil Penalties Generally, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-057-0502.