OAR 603-111-0040
Enforcement Proceedings; Civil Penalties

Enforcement Proceedings; Civil Penalties
(1) Each violation of any provision of ORS 646.932 (Requirement to post amount per gallon of gasoline that is federal, state and local tax) or rules implementing that provision is a separate and distinct violation, and, in cases of continuing violations, each day’s continuance is a separate and distinct violation. Notwithstanding, the ODA may consolidate proceedings involving multiple violations against the same person or entity into a single proceeding.
(2) Hearings shall be conducted as contested case hearings pursuant to the applicable provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.471 (Preservation of orders in electronic format) and OAR 137-003-0501 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order).
(3) A civil penalty imposed under ORS 646.932 (Requirement to post amount per gallon of gasoline that is federal, state and local tax) and these regulations may be remitted or reduced at the Director’s discretion upon such terms and conditions that are proper and consistent with public safety and welfare.
(4) Civil penalties shall be assessed in accordance with ORS 183.745 (Civil penalty procedures) according to the following schedule based upon enforcement history;
(A) First violation: Notice of Non-Compliance.
(B) Second violation: A Notice of Violation.
(C) Third violation: A monetary civil penalty of $50.
(D) Subsequent violations: A monetary civil penalty of $100 per violation.

Source: Rule 603-111-0040 — Enforcement Proceedings; Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-111-0040.

Last Updated

Jun. 8, 2021

Rule 603-111-0040’s source at or​.us