OAR 735-152-0045
Civil Penalty Consideration; Certified Dismantlers
(1)
A dismantler who violates the provisions of ORS 822.133 (Requirements of dismantler operating motor vehicle dismantling business) and 822.137 (Dismantler conduct resulting in civil penalty) and any rule adopted by DMV relating to these provisions may incur, in addition to any other penalty or sanction provided by law, a civil penalty in an amount of not more than $1,000 for each violation.(2)
DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount, DMV may use the schedule set forth in OAR 735-152-0060 (Civil Penalty Matrix for Certified Dismantlers) as a guideline and may consider the following:(a)
The severity of the violation or its impact on the public;(b)
The number of similar or related violations;(c)
Whether a violation was willful or intentional;(d)
The prior history of all civil penalties and sanctions imposed by DMV against the dismantler or principals of the dismantler business;(e)
The number of violations compared to the volume of transactions at the dismantler business; or(f)
Other circumstances determined by DMV to be applicable to the particular violation.(3)
Upon review of the criteria listed in section (2) of this rule, and prior to the issuance of a final order, DMV may reassess a civil penalty amount and agree to a civil penalty amount other than that assessed in the Notice of Imposition of Civil Penalty. After review of the criteria listed in section (2) of this rule DMV may:(a)
Cancel, refuse to renew, or refuse to issue a certificate to any person who fails to pay a civil penalty assessed by DMV; or(b)
Waive the imposition of a civil penalty, or modify the amount, and request that a dismantler attend specialized training, as determined by DMV.
Source:
Rule 735-152-0045 — Civil Penalty Consideration; Certified Dismantlers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-152-0045.