ORS 526.992
Criminal and civil penalties for timber export violation


(1)

A person who, with willful disregard for the prohibitions contained in ORS 526.801 (Definitions for ORS 526.801 to 526.831 and 526.992) to 526.831 (Contract cancellation for timber export violation) against exporting public timber, exported or caused to be exported unprocessed timber originating from public lands in violation of this chapter is guilty of a Class C felony and may be assessed a civil penalty not to exceed $500,000 for each violation or three times the gross value of the unprocessed timber involved in the violation, whichever amount is greater.

(2)

If the agency concerned finds, on the record and after an opportunity for a hearing, that a person has violated any provision of ORS 526.801 (Definitions for ORS 526.801 to 526.831 and 526.992) to 526.831 (Contract cancellation for timber export violation) or any rule issued pursuant thereto relating to lands which the agency administers (notwithstanding that such violation may not have caused the export of unprocessed public timber in violation of this chapter), such agency may:

(a)

Assess against such person a civil penalty not more than $75,000 for each violation if it is determined that the violation was casual or involuntary.

(b)

Assess against such person a civil penalty not more than $500,000 or three times the gross value of the unprocessed timber involved in the violation, whichever amount is greater, if it is determined that the person committed such violation willfully. Any person who willfully commits such a violation is guilty of a Class C felony.

(3)

Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing of the imposition of the penalty. The notice may be personally served on the person incurring the penalty or may be sent by registered or certified mail.

(4)

The person incurring the penalty shall have 20 days from the date of receiving the notice to make written application for a hearing.

(5)

Any person who makes application as provided for in subsection (4) of this section shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

(6)

Judicial review of an order made after a hearing under this section shall be as provided in ORS 183.480 (Judicial review of agency orders) to 183.497 (Awarding costs and attorney fees when finding for petitioner) for judicial review of contested cases.

(7)

When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, and the amount of penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

(8)

All moneys recovered pursuant to this section shall be paid into the State Forestry Department Account and may be used only to pay the expenses of administration, investigation and enforcement of ORS 526.801 (Definitions for ORS 526.801 to 526.831 and 526.992) to 526.831 (Contract cancellation for timber export violation) by the State Forester or any law enforcement agency. [1991 c.942 §9; 1999 c.59 §165]

Source: Section 526.992 — Criminal and civil penalties for timber export violation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors526.­html.

526.005
Definitions
526.008
State Forestry Department
526.009
State Board of Forestry
526.016
General duties
526.031
State Forester
526.036
Fidelity bonds
526.041
General duties of State Forester
526.046
State Forester to cooperate with other agencies and persons
526.052
Credits for former forest protective association employees
526.054
Authority of department to require fingerprints
526.060
State Forestry Department Account
526.065
Authority to accept gifts and other donations for management of state forests and forest legacy programs
526.090
Acceptance and use of moneys under Agricultural Act of 1956 (soil bank and reforestation provisions)
526.095
Clarke-McNary Act accepted
526.105
Disposition of receipts under ORS 526.090 and 526.095
526.111
State Forestry Department Revolving Account
526.121
Reimbursement of revolving account
526.125
Tillamook Forest Interpretive Center Fund
526.131
Purchase or acceptance of federal surplus property
526.135
Leasing departmental equipment to federal agency
526.142
Definition for ORS 526.142 to 526.152
526.144
Equipment pool
526.146
Charges
526.148
Leasing communication equipment
526.152
Disposition of equipment
526.156
Forest Trust Land Advisory Committee
526.162
Taking title in fee simple
526.164
Exchange of property
526.166
Acquisition of real property by purchase, agreement or donation
526.168
Acquisition of real property by eminent domain
526.178
Going upon private property
526.192
Attorney General to conduct proceedings
526.194
Disposition or leasing of property
526.215
Oregon State University research and experimentation programs
526.225
Forest Research Laboratory
526.231
Findings
526.233
Application of antitrust laws
526.235
State forest nursery
526.237
Acquisition of forest tree seedlings
526.255
Long range management, marketing and harvest report
526.265
Hearings to publish report and receive testimony
526.271
Findings
526.273
Cooperation with federal agencies
526.274
Authority to participate in federal forest management
526.275
Policy regarding Good Neighbor Authority Agreement projects
526.276
Reporting on Good Neighbor Authority Agreement projects
526.277
Findings
526.280
Responsibilities of State Forester
526.285
Contracts for providing woody biomass from state-managed forestlands
526.287
Definitions for ORS 526.287 to 526.299 and 526.991
526.289
Legislative findings
526.291
Large commercial event permits
526.294
Large commercial event health and safety standards
526.297
Suspension or revocation of permit
526.299
Organizer responsibility for compliance with permit terms and conditions
526.305
Definitions for ORS 526.305 to 526.370
526.310
Forestland classification committees
526.320
Determination of forestland
526.324
Classification of forestland by committee
526.328
Hearing
526.332
Appeal
526.335
State Board of Forestry rules
526.340
Classification by State Forester
526.350
Policy in administering forest and fire laws
526.360
State Forester to assist in developing forestland for agricultural uses
526.370
Seeding agreements as condition of supervision of burning on forestlands
526.425
Management assistance to nonindustrial private forest landowners
526.450
Short title
526.455
Definitions for ORS 526.450 to 526.475
526.460
Policy to manage forests to maximize benefits
526.465
Purpose of ORS 526.450 to 526.475
526.470
Forest tree seed bank
526.472
Forest tree seed orchard
526.475
Appeal of decisions by State Forester
526.490
Afforestation of certain idle lands
526.500
Definitions for ORS 526.500 to 526.515
526.505
Policy
526.510
Department to provide technical assistance to governmental units
526.515
Gifts, grants and donations
526.600
Definitions for ORS 526.600 to 526.675
526.605
Findings
526.610
Oregon Forest Resources Institute
526.615
Qualifications of voting members
526.620
Terms of voting members
526.625
Effect of failure to maintain qualification
526.630
Expenses of members and staff
526.632
Employees not subject to certain personnel regulation
526.635
Officers
526.640
General authority of institute
526.645
Additional powers
526.650
Expenditure of funds restricted
526.655
Acceptance of grants, donations and gifts
526.660
Application of budget and expenditure control laws
526.665
Exemption from certain financial administration laws
526.670
Books and records
526.675
Oregon Forest Resources Institute Fund
526.695
Definitions for ORS 526.695 to 526.775
526.700
Forest Resource Trust
526.703
Cost share program
526.705
Loan program
526.710
State Forestry Department to assist board
526.720
Forest Resource Trust Fund
526.725
Agreements with private, governmental or other organizations
526.730
Report to legislature
526.740
Lien for moneys payable to trust by forestland owner
526.745
Notice of lien
526.750
Recording of notice
526.755
Foreclosure
526.760
Priority
526.765
Payment of funds advanced
526.770
Notice of forest products harvest
526.775
Execution of judgment against other property when forest products and accounts not subject to lien
526.780
Agreements for forestry carbon offsets
526.783
Development of forestry carbon offset accounting system
526.786
Rules relating to forestry carbon offsets
526.789
Effect of state forestry carbon offset program
526.801
Definitions for ORS 526.801 to 526.831 and 526.992
526.806
Prohibition against export of unprocessed timber
526.811
Exemption from export prohibition
526.816
Certification by bidders for public timber
526.821
Political subdivisions to establish rules
526.826
Barring timber export violators from unprocessed public timber purchases
526.831
Contract cancellation for timber export violation
526.900
Review of state regulations and policies affecting implementation of conservation strategies
526.905
Management plans or policies to reduce risk of loss of forest resources
526.990
Criminal penalty for rule violation
526.991
Criminal penalty for large commercial event offense
526.992
Criminal and civil penalties for timber export violation
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