OAR 740-300-0110
Violation of Rules Under ORS 825.258 — Mitigation

A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties imposed under OAR 740-300-0090 (Violation of Rules — Civil Penalties Under ORS 825.258), and who has requested mitigation within 15 days of service of a penalty order, may be eligible for mitigation of penalties under the guidelines established in sections (1) and (2) of this rule. Except as otherwise ordered by the Department in a particular case, the mitigation policy shall apply to any person who incurs a penalty under OAR 740-300-0090 (Violation of Rules — Civil Penalties Under ORS 825.258) and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department.

(1)

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.

(2)

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 or requested at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed or requested at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis.

Source: Rule 740-300-0110 — Violation of Rules Under ORS 825.258 — Mitigation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=740-300-0110 (accessed May 26, 2025).

740–300–0005
Failure to Report or Pay Oregon Highway Use Tax 740–300–0010
Failure to Produce Records — Penalties 740–300–0020
Failure to Produce Records — Mitigation 740–300–0030
Violation of ORS 825.100, Relating to Operating Without a Certificate or Permit — Penalties 740–300–0035
Providing Unauthorized Household Goods Transportation 740–300–0040
Violation of ORS Chapter 825 and 826 Not Otherwise Provided For — General Penalties 740–300–0045
Violation of ORS Chapter 818 — General Penalties 740–300–0050
Mitigation for Violations Described in OAR 740-300-0030 and 740-300-0040 740–300–0060
Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) — General Penalties 740–300–0070
Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) — General Mitigation 740–300–0090
Violation of Rules — Civil Penalties Under ORS 825.258 740–300–0100
Hazardous Materials Penalty Matrix 740–300–0110
Violation of Rules Under ORS 825.258 — Mitigation 740–300–0120
Violations Specified in ORS 825.955 and ORS 825.960, Relating to Out-Of-Service Notices and Driver Equipment Compliance Check Forms — Penalties 740–300–0130
Violations Specified in ORS 825.955 and ORS 825.960 — Mitigation

May 26, 2025

Rule 740-300-0110's source at or.us

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Location: https://oregon.public.law/rules/oar_740-300-0110

Original Source: Rule 740-300-0110 — Violation of Rules Under ORS 825.258 — Mitigation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=740-300-0110 (last accessed May 10, 2025).