OAR 839-014-0430
Criteria for Determining a Civil Penalty

(1)

The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the Commissioner finds to be appropriate:

(a)

The history of the farmworker camp operator or other person in taking all necessary measures to prevent or correct violations of statutes or rules;

(b)

Prior violations, if any, of statutes or rules;

(c)

The magnitude and seriousness of the violation;

(d)

Whether the farmworker camp operator or other person knew or should have known of the violation.

(2)

It shall be the responsibility of the farmworker camp operator or other person to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be imposed.

(3)

In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of money or valuables, if any, taken from camp occupants by the farmworker camp operator or other person in violation of any statute or rule.

(4)

Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the farmworker camp operator or other person for the purpose of reducing the amount of the civil penalty to be imposed.

Source: Rule 839-014-0430 — Criteria for Determining a Civil Penalty, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-014-0430 (accessed May 26, 2025).

839–014–0020
Notice of Proposed Rules 839–014–0035
Definitions for Regulations Pertaining to Farmworker Camp Operations 839–014–0040
Character, Competence and Reliability 839–014–0050
Camp Operators Must Obtain Indorsement 839–014–0060
Exemptions from Farmworker Camp Licensing Requirements 839–014–0075
Issuance of Indorsement 839–014–0085
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge 839–014–0090
Procedure for Obtaining an Indorsement 839–014–0100
Procedure for Obtaining a Duplicate Indorsement 839–014–0105
Procedure for Renewing Indorsement 839–014–0170
Scope of Examinations 839–014–0175
Examination Requirements 839–014–0178
Grading of Examinations/Notice of Score 839–014–0180
Review of Examinations 839–014–0185
Re-Examination 839–014–0190
Substitution of Oregon Examination 839–014–0195
Alternative Methods of Examination 839–014–0200
Proof Required/Forms to Be Used for Bonds and Deposits 839–014–0210
Amount of Bond or Deposit to Be Filed 839–014–0220
Deposit in Cash or Negotiable Securities 839–014–0250
Protesting the Issuance of an Indorsement 839–014–0260
Procedure for Filing Protest 839–014–0310
Records Required to Be Made and Maintained by Farmworker Camp Operator 839–014–0320
Records Availability 839–014–0350
Camp Operator to Post Notice of Compliance with Bond Requirements 839–014–0360
Camp Operator to Post Indorsement 839–014–0380
Action Against the Bond or Deposit 839–014–0400
Definitions for Civil Penalties 839–014–0410
Violations Separate and Distinct 839–014–0420
Violations for Which a Civil Penalty May Be Imposed 839–014–0430
Criteria for Determining a Civil Penalty 839–014–0440
Schedule of Civil Penalties 839–014–0450
Suspension of Civil Penalty 839–014–0470
Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement 839–014–0500
Immediate Suspension or Refusal to Renew a License Indorsement 839–014–0600
Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp 839–014–0610
Emergency Access to Telephone 839–014–0620
Other Access to Telephone 839–014–0630
Waiver from Telephone Requirement

May 26, 2025

Rule 839-014-0430's source at or​.us