ORS 273.994
Schedule of civil penalties; rules; considerations in imposing penalty


(1)

The Director of the Department of State Lands shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation of ORS 273.225 (Application for lease to take material), 273.231 (Removal without compliance with statute), 273.551 (Mining and drilling leases on state lands), 273.715 (Rules for removal of semiprecious stones and petrified wood from state lands), 273.780 (Retention of mineral and geothermal resource rights by state) or 273.815 (Department’s powers) or any rule adopted under ORS 273.045 (Administrative policies) related to those sections.

(2)

In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:

(a)

The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;

(b)

Any prior violations by the person of statutes, rules, orders or authorizations pertaining to the use of state land;

(c)

The immediacy and extent to which the violation threatens the public health or safety or the assets of the Common School Fund; and

(d)

Any other factors determined by the director to be relevant and consistent with the policies established to implement the provisions of ORS 273.225 (Application for lease to take material), 273.231 (Removal without compliance with statute), 273.551 (Mining and drilling leases on state lands), 273.715 (Rules for removal of semiprecious stones and petrified wood from state lands), 273.780 (Retention of mineral and geothermal resource rights by state) or 273.815 (Department’s powers) or any rule adopted under ORS 273.045 (Administrative policies) related to those sections.

(3)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the protection of the public health and safety and the protection of the assets of the Common School Fund. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [2009 c.341 §3]
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Chapter 273

Atty. Gen. Opinions

Requirements of competitive bidding on property valued over $1,000, (1975) Vol 37, p 773; authority of State Land Board to enter into nonprofit water supply corporation, (1978) Vol 38, p 2199

Law Review Citations

4 EL 343, 344 (1984)


Source
Last accessed
May. 15, 2020