OAR 603-074-0040
Enforcement Actions

(1)

A Notice of Noncompliance:

(a)

Informs the owner or operator of the violation, including a reference to a particular statute, administrative rules or order involved, the location of the violation when appropriate, and the consequences of the violation or future violations;

(b)

Directs the subject owner or operator to perform those actions necessary to comply with the particular statute, administrative rules or orders involved.

(c)

Specifies a reasonable period of time by which compliance is to be achieved not to exceed 30 business days after the respondent receives the notice, 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;

(d)

Is issued by the director or the director’s designee;

(e)

Is in writing and must be served personally or by registered or certified mail;

(f)

In all cases must be mailed or delivered to the legal owner of the property;

(g)

Is an order in other than a contested case for purposes of judicial review.

(2)

A plan of correction:

(a)

Includes a statement of the actions that must be taken by the owner or operator to eliminate the violation and shall include a schedule stating the time by which each of the actions is required to be accomplished to achieve compliance;

(b)

May include requirements for the owner or operator to report the completion of specific actions;

(c)

Is in writing and must be sent to the owner or operator by registered or certified mail or served personally;

(d)

In all cases must be mailed or delivered to the legal owner of the property.

(e)

Is an order in other than a contested case for the purposes of judicial review.

(3)

The department shall make a reasonable attempt to consult with the subject owner or operator in the development of a plan of correction.

(4)

Failure to perform any of the requirements of a plan of correction may be considered by the department to be a failure to correct the violation within the period of time set for correction by the department.

(5)

A Notice of Civil Penalty Assessment:

(a)

Is issued by the director or the director’s designee;

(b)

Is issued in a manner consistent with the provisions of ORS 183.415 (Notice of right to hearing), 468B.230 (Department of Agriculture civil penalty authority) and OAR chapter 137;

(c)

Is in writing and must be served personally or by registered or certified mail to the owner and operator.

Source: Rule 603-074-0040 — Enforcement Actions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-074-0040.

Last Updated

Jun. 8, 2021

Rule 603-074-0040’s source at or​.us