OAR 839-019-0020
Determination of the Amount of the Civil Penalty to Be Imposed

(1)

Except as provided in section (4) of this rule, when determining the amount of civil penalty to be imposed, the Commissioner shall consider the following circumstances and shall cite those the Commissioner finds applicable:

(a)

The history of the employer in taking all necessary measures to prevent or correct violations of statutes and rules;

(b)

Prior violations, if any, of statutes and rules;

(c)

The magnitude and seriousness of the violation;

(d)

The opportunity and degree of difficulty to comply;

(e)

Any other mitigating circumstances.

(2)

It shall be the responsibility of the employer to provide the Commissioner with evidence of the mitigating circumstances set out in section (1) of this rule.

(3)

In arriving at the actual amount of the civil penalty, the Commissioner shall consider whether the minor was injured while employed in violation of the statute and rules.

(4)

Notwithstanding section (1) of this rule, in the case of a serious injury to or the death of a minor while employed in violation of the statutes or rules, the Commissioner may impose the maximum penalty allowed by ORS 653.370 (Civil penalty for unlawful employment of minors).

(5)

Notwithstanding any other section of this rule, the Commissioner shall consider all mitigating and aggravating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be imposed.

Source: Rule 839-019-0020 — Determination of the Amount of the Civil Penalty to Be Imposed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-019-0020.

Last Updated

Jun. 8, 2021

Rule 839-019-0020’s source at or​.us