OAR 839-001-0800
Schedule of Civil Penalties for Violation of ORS 652.710(3)

(1)

The civil penalties for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.

(2)

When the Commissioner determines to assess a civil penalty for violation(s) of ORS 652.710 (Fees collected by employer for medical care contracts are trust funds)(3), if delivery of notice satisfying the requirements of 652.710 (Fees collected by employer for medical care contracts are trust funds)(3) occurred no later than three working days prior to the date upon which employee rights to conversion coverage terminate, a minimum civil penalty of $50 per employee shall be assessed. However, if delivery of notice as required by 652.710 (Fees collected by employer for medical care contracts are trust funds)(3) is not made at least three days prior to the expiration of conversion rights, a minimum civil penalty of $500 per employee shall be assessed.

(3)

When the Commissioner determines to assess a civil penalty for the failure to provide all required information in the notice, a minimum civil penalty of $25 per employee for each notice not containing the required information.

(4)

The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0780 (Criteria for Determining a Civil Penalty).

(5)

When the Commissioner determines to assess a civil penalty for any violation of ORS 652.710 (Fees collected by employer for medical care contracts are trust funds)(3) by an employer who has previously been assessed a civil penalty for violation of ORS 652.710 (Fees collected by employer for medical care contracts are trust funds)(3), the minimum civil penalty shall be as follows:

(a)

For a second offense, double the amounts specified in sections (2), (3), and (4) of this rule;

(b)

For third and subsequent offenses, $1,000 for each violation.

(6)

The civil penalties set out in this rule shall be in addition to any other penalty assessed or imposed by law or rule.

Source: Rule 839-001-0800 — Schedule of Civil Penalties for Violation of ORS 652.710(3), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-001-0800.

839‑001‑0000
Notice of Proposed Rule 839‑001‑0100
Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0125
Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0127
Establishment Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0130
Exempt and Non-exempt Work for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0140
Determination of the Day 839‑001‑0143
Failure to Establish a Workweek 839‑001‑0145
Determination of Employees “Employed in” a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0147
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑001‑0148
Undue Hardship Notices and Employee’s Written Consent 839‑001‑0150
Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay 839‑001‑0153
Violations Separate and Distinct 839‑001‑0155
Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed 839‑001‑0160
Schedule of Civil Penalties for Violations of ORS 652.020 839‑001‑0200
Deductions for Garnishment Processing Fee 839‑001‑0250
Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave 839‑001‑0300
Liability of Employer for Issuance of Dishonored Check in Payment of Wages 839‑001‑0410
Definitions for Regulations Pertaining to the Payment of Wages at Termination of Employment 839‑001‑0420
Payment of Wages at Termination of Employment 839‑001‑0430
When Layoff is Considered Termination of Employment 839‑001‑0440
Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers 839‑001‑0450
Forwarding Wages and Direct Deposit of Wages at Termination of Employment 839‑001‑0460
Payment in Case of a Dispute over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies 839‑001‑0470
Penalty for Failure to Pay Wages on Termination of Employment 839‑001‑0490
Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who Are Paid on a Commission Basis 839‑001‑0495
Violations Separate and Distinct 839‑001‑0496
Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages 839‑001‑0500
Definitions for Wage Security Fund Regulations 839‑001‑0510
Eligibility for Wage Payment from the Wage Security Fund 839‑001‑0515
Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund 839‑001‑0520
Amount of Claim to Be Paid from the Wage Security Fund 839‑001‑0525
Priority of Payments from the Wage Security Fund 839‑001‑0530
Wage Security Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available 839‑001‑0550
Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund 839‑001‑0560
Recovery from Employers When Sums Paid from the Wage Security Fund 839‑001‑0700
Definitions for Regulations Pertaining to Moneys Collected from Employees for Group Health Insurance Coverage and Notification of Various Parties on Termination of Group Health Insurance Coverage 839‑001‑0710
Effective Dates for Civil Penalty Provisions 839‑001‑0720
Notification of Termination of Group Health Insurance Policy 839‑001‑0730
Records to Be Kept/Availability of Records 839‑001‑0740
Employee Notification Form for Termination of Group Health Insurance Coverage 839‑001‑0760
Violations Separate and Distinct 839‑001‑0770
Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed 839‑001‑0780
Criteria for Determining a Civil Penalty 839‑001‑0790
Schedule of Civil Penalties for Violation of ORS 652.710(1) 839‑001‑0800
Schedule of Civil Penalties for Violation of ORS 652.710(3)
Last Updated

Jun. 8, 2021

Rule 839-001-0800’s source at or​.us