OAR 740-300-0050
Mitigation for Violations Described in OAR 740-300-0030 and 740-300-0040
(1)
Level I Penalties: The Department shall suspend 50 percent of the monetary penalty assessed or requested under OAR 740-300-0045 (Violation of ORS Chapter 818 — General Penalties) for each violation at Level I on the condition that petitioner must not violate similar statutes or regulations within one year from the date of the penalty order.(2)
Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested.(3)
Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis.(4)
The Department shall consider the history of violations by the petitioner and the number of violations charged in determining whether the mitigation guidelines in sections (1), (2) and (3) of this rule are appropriate. There shall be no mitigation in the following cases:(a)
Where the petitioner provided false information to the Department staff about the nature of its operations;(b)
Where the petitioner willfully evaded or attempted to evade compliance, such as registration at a port of entry; or(c)
Where the petitioner has failed to pay previously assessed penalties.
Source:
Rule 740-300-0050 — Mitigation for Violations Described in OAR 740-300-0030 and 740-300-0040, https://secure.sos.state.or.us/oard/view.action?ruleNumber=740-300-0050.