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).
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.