OAR 839-025-0540
Schedule of Civil Penalties

(1)

The civil penalty for any one violation may not exceed $5,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.

(2)

For purposes of this rule, “repeated violations” means violations of a provision of law or rule which has been violated on more than one project within two years of the date of the most recent violation.

(3)

Notwithstanding any other section of this rule, when the commissioner determines to assess a civil penalty for a violation of ORS 279C.840 (Payment of prevailing rate of wage) regarding the payment of the prevailing rate of wage, the minimum civil penalty will be calculated as follows:

(a)

An equal amount of the unpaid wages or $1,000, whichever is less, for the first violation;

(b)

Two times the amount of the unpaid wages or $3,000, whichever is less, for the first repeated violation;

(c)

Three times the amount of the unpaid wages or $5,000, whichever is less, for second and subsequent repeated violations.

(4)

Notwithstanding any other section of this rule, when the commissioner determines to assess a civil penalty for a violation of ORS 279C.825 (Fees), or OAR 839-025-0200 (Fees to Be Paid by Public Agency), or 839-025-0220 (Fees for Contract Without Specific Award Amounts) regarding fees to be paid by a public agency, the minimum civil penalty to be assessed will be calculated as follows:

(a)

An equal amount of the unpaid fee or $1,000, whichever is greater, for the first violation;

(b)

Two times the amount of the unpaid fee or $3,000, whichever is greater, for the second violation;

(c)

Three times the amount of the unpaid fee or $5,000, whichever is greater, for the third and subsequent violations.

(5)

Notwithstanding any other section of this rule, when the commissioner determines that a public agency willfully engaged in a violation of the least cost policy set forth in ORS 279C.305 (Least-cost policy for public improvements), the commissioner may assess a civil penalty of not more than $20,000.

(6)

The civil penalty for all other violations will be set in accordance with the determinations and considerations referred to in OAR 839-025-0520 (Criteria to Determine Civil Penalty).

(7)

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

Source: Rule 839-025-0540 — Schedule of Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0540.

839‑025‑0000
Notice of Proposed Rules 839‑025‑0003
Forms 839‑025‑0004
Definitions Generally 839‑025‑0005
Purpose and Procedure for Determination Requests 839‑025‑0006
Purpose and Procedure for Addition of Trade 839‑025‑0007
Purpose and Procedure for Special Wage Determination 839‑025‑0008
List of Planned Public Improvements and Cost Analysis 839‑025‑0010
Payroll and Certified Statement Requirements 839‑025‑0013
Notice of Public Works Form 839‑025‑0015
Public Works Bonds Requirements 839‑025‑0020
Public Works Contracts and Contract Specifications 839‑025‑0025
Required Records 839‑025‑0030
Records Availability 839‑025‑0033
Posting Requirements 839‑025‑0034
Establishing a Work Schedule 839‑025‑0035
Payment of Prevailing Rate of Wage 839‑025‑0037
Residential Construction Projects 839‑025‑0038
Use of Multiple Wage Rate Determinations on Projects 839‑025‑0040
Payment of Fringe Benefits 839‑025‑0043
Frequency of Payment of Fringe Benefits 839‑025‑0045
Youth Apprentices 839‑025‑0050
Overtime Wages Computations 839‑025‑0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839‑025‑0060
Apprentices Working upon Public Works Projects 839‑025‑0065
Trainees Working upon Public Works Projects 839‑025‑0080
Liability to Workers 839‑025‑0085
Contract Ineligibility 839‑025‑0090
List of Ineligibles 839‑025‑0095
Removal of Names from List of Ineligibles 839‑025‑0100
Exemptions from ORS 279C.800 to 279C.870 839‑025‑0150
Definitions Related to Installation of Art on Public Works 839‑025‑0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839‑025‑0200
Fees to Be Paid by Public Agency 839‑025‑0210
Adjustment of Fees Paid by Public Agency 839‑025‑0220
Fees for Contract Without Specific Award Amounts 839‑025‑0230
Fees for Contracts with Other Special Circumstances 839‑025‑0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839‑025‑0310
Division of Projects 839‑025‑0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839‑025‑0330
Wage Averaging Prohibited 839‑025‑0340
Circumventions of the Prevailing Wage Rate Law 839‑025‑0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839‑025‑0510
Violations Separate and Distinct 839‑025‑0520
Criteria to Determine Civil Penalty 839‑025‑0530
Violations for Which a Civil Penalty May Be Assessed 839‑025‑0540
Schedule of Civil Penalties 839‑025‑0700
Prevailing Wage Rate Determination/Amendments to Determination 839‑025‑0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0540’s source at or​.us