OAR 837-085-0250
Notice of Noncompliance and Proposed/Final Penalty Assessment Order

(1) If, during an audit initiated by the State Fire Marshal, it is concluded that a covered employer, owner or operator has not complied with the Community Right-to-Know and Protection Act and its administrative rules, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order may be issued to the covered employer, owner or operator. The Notice shall:
(a) State the name of the covered employer, owner or operator, location of the facility, and the date of the compliance audit. The period of time the employer, owner or operator is in noncompliance will be included;
(b) Describe how the covered employer, owner or operator was in noncompliance, such description to take the form of findings of fact and conclusions of law and rule;
(c) State the classification of noncompliance;
(d) Identify the rule or order the covered employer, owner or operator failed to comply with and any other statute or rules involved;
(e) Establish a compliance date if compliance is not achieved by the facility prior to issuing a Notice of Noncompliance and Proposed/Final Penalty Assessment Order;
(f) State the total dollar amount of penalties assessed and the amount subject to suspension;
(g) Inform the covered employer, owner or operator of the right to appeal the Notice of Noncompliance and Proposed/Final Penalty Assessment Order; and
(h) Notify the covered employer, owner or operator that the State Fire Marshal has designated its file in this matter as the record in this case and that the Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes final if a written appeal is not filed within 30 days of its service.
(2) The Notice of Noncompliance and Proposed/ Final Penalty Assessment Order shall be served on the covered employer, owner or operator in person or by:
(a) Regular mail, postage prepaid, true, exact and full copies when penalties for noncompliance have been suspended in full;
(b) Certified or registered mail, postage prepaid, true, exact and full copies when penalties for noncompliance have been assessed.
(3) When the State Fire Marshal does not issue a Notice of Non-Compliance and Proposed/Final Penalty Assessment Order after conducting an audit, the State Fire Marshal will notify the covered employer, owner, or operator in writing, at a minimum, of the following information:
(a) Which reporting requirements, if any, the covered employer, owner or operator was found to be out of compliance with;
(b) What actions the State Fire Marshal took to assist the covered employer, owner or operator to come into compliance;
(c) What actions the covered employer, owner or operator must take to remain in compliance; and
(d) What enforcement actions the State Fire Marshal will take if the covered employer, owner or operator is found to be out of compliance in the future.

Source: Rule 837-085-0250 — Notice of Noncompliance and Proposed/Final Penalty Assessment Order, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-085-0250.

837‑085‑0010
Authority and Application 837‑085‑0020
Purpose and Scope 837‑085‑0030
Covered Employers, Owners, Operators and the North American Industry Classification System (NAICS) 837‑085‑0040
Definitions 837‑085‑0050
Hazardous Substance Information Survey — General 837‑085‑0055
Hazardous Substance Report--General 837‑085‑0060
Hazardous Substance Report — Substance Determinations 837‑085‑0070
Hazardous Substance Report — Reportable Quantities 837‑085‑0080
Hazardous Substance Report— Required Survey Information 837‑085‑0090
Hazardous Substance Information — Reporting Requirements 837‑085‑0100
Hazardous Substance Report — Substantive Changes 837‑085‑0110
Record Keeping Requirements 837‑085‑0120
Application for an Exemption 837‑085‑0130
Administrative Action on Exemption Application 837‑085‑0140
Trade Secrets — General 837‑085‑0150
Trade Secrets — Claim Submissions 837‑085‑0160
Trade Secrets — Determinations and Response 837‑085‑0170
Trade Secrets — Disclosures 837‑085‑0180
Trade Secrets — Refusal to Disclose 837‑085‑0190
Hazardous Substance Report— Availability of Information 837‑085‑0200
Compliance Audit Program — General 837‑085‑0210
Scheduling and Selection of Compliance Audits 837‑085‑0220
Right of Entry 837‑085‑0230
Compliance Audit Warrants 837‑085‑0240
Compliance Audit Activities 837‑085‑0250
Notice of Noncompliance and Proposed/Final Penalty Assessment Order 837‑085‑0260
Employer, Owner, or Operator Response to Notices of Noncompliance 837‑085‑0270
Penalty Criteria for Noncompliance — General 837‑085‑0280
Noncompliance Classes 837‑085‑0290
Penalties for Class I, II and III Noncompliance 837‑085‑0300
Penalties for Class IV Noncompliance 837‑085‑0305
Penalties for Class V Noncompliance 837‑085‑0310
Penalty Suspensions 837‑085‑0320
Payment of Penalties 837‑085‑0330
Contested Case Process — General 837‑085‑0340
Requesting a Hearing 837‑085‑0350
Alternative Dispute Resolutions 837‑085‑0360
Formal Hearing 837‑085‑0370
Manifest Injustice 837‑085‑0380
Incident Reporting System 837‑085‑0390
Annual Summaries
Last Updated

Jun. 8, 2021

Rule 837-085-0250’s source at or​.us