Penalty factors; procedure
(1)In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995 (Civil penalties), the Department shall consider the following factors, which are listed in prioritized order:
(a)The immediacy and extent to which the violation threatens the public health or safety.
(b)Any prior violations of statutes, rules or orders pertaining shellfish.
(c)The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(d)The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.
(2)Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event.
(3)Repeat violations of OAR 603-024-0910 (Definitions) will be assessed as three times the penalty amount in OAR 603-024-0910 (Definitions), not to exceed $10,000.
(4)A civil penalty imposed under this rule will comply with ORS 183.745 (Civil penalty procedures), except that the written application for a hearing must be received by the Department no later than 10 days after the mailing or personal service of the notice of civil penalty.
Rule 603-100-0930 — Penalty factors; procedure,