OAR 603-057-0529
Civil Penalty For A Violation Occurring Before June 25, 2007; Formula for Amount


(1)

When 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 this section. To determine the amount of the civil penalty, calculate it utilizing the formula: NB + [(.1 x NB) x (P + H + R + C)] = Penalty Amount where:

(a)

N = the number of times, within a period of three years prior to and including the date of the current violative act, that the person has been determined by the Director to have committed that violative act;

(b)

B = the base penalty determined using the following matrix: [Matrix not included. See ED. NOTE.]

(A)

The Magnitude of Violation is determined according to OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect)(2).

(B)

The Gravity of Effect is determined according to OAR 603-057-0525 (Civil Penalties; Magnitude of Violation and Gravity of Effect)(3).

(c)

P = past occurrence of unrelated violations under ORS Chapter 634 (Pesticide Control) for a period of three years prior to the date of the current violative act. P will be weighted from O to 6 in the following manner:

(A)

O = no prior violation or insufficient evidence on which to base a finding;

(B)

1 = past occurrence of an unrelated Category III violation;

(C)

2 = past occurrence of an unrelated Category II violation or two unrelated Category III violations;

(D)

3 = past occurrence of an unrelated Category I violation, two unrelated Category II violations or three unrelated Category III violations;

(E)

4 = past occurrence of two unrelated Category I violations, three unrelated Category II violations or four unrelated Category III violations;

(F)

5 = past occurrence of three unrelated Category I violations, four unrelated Category II violations, or five or more unrelated Category III violations;

(G)

6 = past occurrence of three or more unrelated Category I violations or five or more unrelated Category II violations.

(d)

H = History of the person in taking all feasible steps or procedures necessary or appropriate to correct a violative action. H will be weighted from -2 to 2 in the following way:

(A)

-2 = the person took all feasible steps or procedures to correct any prior violations;

(B)

O = there is no prior history or insufficient information on which to base a finding;

(C)

1 = the person took some, but not all feasible steps or procedures to correct prior violations;

(D)

2 = the person took no action to correct prior violations.

(e)

R = preventability of violation. R will be weighted from -2 to 7 in the following way:

(A)

-2 = the person’s actions determined to be violative were unavoidable;

(B)

O = information is insufficient to make any finding;

(C)

3 = the person’s actions determined to be violative were reasonably avoidable;

(D)

7 = the person’s actions were flagrant.

(f)

C = cooperativeness on the part of the person to assist the department in its investigation and to the extent possible, rectify the violation. C will be weighted from -2 to 2 in the following way:

(A)

-2 = the person is cooperative;

(B)

-1 = the person provides limited cooperation;

(C)

O = the person is neither cooperative nor uncooperative;

(D)

1 = the person is generally uncooperative;

(E)

2 = the person is uncooperative.

(2)

If the calculation utilizing the formula in this section results in an amount more than $1,000 for a first violation of any provision of ORS 634, the Director shall assess a civil penalty of $1,000. If the calculation utilizing the formula in this section results in an amount more than $2,000 for any subsequent violation of the same provision of ORS 634, the Director shall assess a penalty of $2,000. In addition, the Director may consider this adjustment if the Director remits or reduces the amount as provided in ORS 634.910 (Reduction of penalty) or OAR 603-057-0502 (Civil Penalties Generally)(6).
[ED. NOTE: Matrix referenced is available from the agency.]

Source: Rule 603-057-0529 — Civil Penalty For A Violation Occurring Before June 25, 2007; Formula for Amount, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-057-0529.

603‑057‑0001
Definitions
603‑057‑0006
Pesticide Registration Fees
603‑057‑0100
License Fees
603‑057‑0102
Pesticide Operator Financial Responsibility
603‑057‑0106
Immediately Supervised Pesticide Trainee
603‑057‑0108
Aerial Applications Generally
603‑057‑0110
Pesticide Operator, Applicator, and Trainee Categories
603‑057‑0115
Pesticide Operator, Applicator, and Trainee Subcategories
603‑057‑0120
General Standards of Pesticide Applicator Competence
603‑057‑0125
Special Standards of Pesticide Applicator Competence
603‑057‑0127
Pesticide Apprentice Standards of Competence
603‑057‑0130
Applicator’s Records and Reports
603‑057‑0135
Private Applicator Standards of Competence
603‑057‑0140
Pesticide Dealer Records
603‑057‑0145
Pesticide Consultant Standards of Competence
603‑057‑0150
Alternative Requirements for Competence of Pesticide Applicator or Consultant License Renewal
603‑057‑0160
Pesticide Use for Experimental or Research Purposes
603‑057‑0180
Pesticide License Equivalency Provision
603‑057‑0200
Limitations on Restricted Use Pesticides
603‑057‑0205
Listing of Restricted Use Pesticides
603‑057‑0216
Pesticide Residue Tolerances in Foods
603‑057‑0301
2,4-D
603‑057‑0305
Areas Affected
603‑057‑0310
Time Period
603‑057‑0315
Prohibited Acts
603‑057‑0320
Permits and Applications
603‑057‑0325
Sodium Cyanide and M-44 Device
603‑057‑0335
Sodium Cyanide and M-44 Device
603‑057‑0350
Sodium Cyanide and the M-44 Device
603‑057‑0355
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar
603‑057‑0360
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar
603‑057‑0365
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar
603‑057‑0375
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar
603‑057‑0376
Microencapsulated Methyl Parathion
603‑057‑0378
Limitations on Pesticide Products Containing Clopyralid
603‑057‑0384
Persistent, Bioaccumulative, and Toxic (PBT) Polutants
603‑057‑0388
Prohibits the Application of Four Neonicotinoid Insecticides
603‑057‑0392
Limitations on Pesticide Products Containing Aminocyclopyrachlor
603‑057‑0405
General Requirements
603‑057‑0410
Pesticide Users Required to Report
603‑057‑0411
Pesticide User Information
603‑057‑0412
Pesticide Product Identification
603‑057‑0413
Description of the Type of Site Where the Pesticide Was Used
603‑057‑0414
Description of the Purpose of Pesticide Use
603‑057‑0415
Location of Pesticide Use
603‑057‑0416
Reports of Pesticide Use for Research
603‑057‑0417
Access to Reported Information
603‑057‑0418
Requests for Pesticide Use Information
603‑057‑0420
Civil Penalty Determination for Failure to Comply with Confidentiality Agreement
603‑057‑0425
Household Pesticide Use Information
603‑057‑0500
Definitions
603‑057‑0502
Civil Penalties Generally
603‑057‑0505
Consolidation of Proceedings
603‑057‑0510
Notice of Violation, Notice of Assessment of Civil Penalties, and Notice of Contested Case Rights and Procedures
603‑057‑0520
Entry of Order and Appeal Rights
603‑057‑0525
Civil Penalties
603‑057‑0529
Civil Penalty For A Violation Occurring Before June 25, 2007
603‑057‑0530
Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct Between June 25, 2007 and December 31, 2015
603‑057‑0531
Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct on or after January 1, 2016
603‑057‑0532
Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007
603‑057‑0535
Pesticide Use on Crops Grown for Seed Production
603‑057‑0545
Limitations on Pesticide Products Containing Chlorphyrifos
Last Updated

Jun. 8, 2021

Rule 603-057-0529’s source at or​.us