Scenic Waterways

ORS 390.676
Schedule of civil penalties

  • factors to determine amount
  • rules


(1)

The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992 (Civil penalties).

(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 a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b)

Any prior violations of statutes, rules, orders and permits pertaining to waters of this state.

(c)

The impact of the violation on public interests in navigation, fishery and recreation.

(d)

Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610 (Policy).

(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 policy of ORS 390.610 (Policy). 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. [1999 c.373 §11]
§§ 390.610 to 390.770

Atty. Gen. Opinions

Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

20 EL 1001 (1990); 35 WLR 183 (1999)


Source

Last accessed
Jun. 26, 2021