ORS 822.995
Civil penalties for violations related to towing
- factors
- rules
(1)
In addition to any other penalty provided by law, any person who violates any provision of ORS 98.853 (Conditions allowing towing), 98.854 (Prohibitions placed on tower), 98.856 (Tower responsibility of disclosure to owner or operator of vehicle), 98.858 (Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature), 181A.350 (Eligibility of towing business to be placed on department list), 822.200 (Operating illegal towing business), 822.215 (Grounds for denial, suspension, revocation or refusal of certificate), 822.225 (Failure to remove injurious substance), 822.230 (City or county regulation of towing businesses), 822.235 (Recovery after theft) or 822.605 (False swearing relating to regulation of vehicle related businesses) or any rule adopted by the State Board of Towing is subject to payment of a civil penalty to the board.(2)
The board may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $25,000 for each violation.(3)
Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).(4)
In imposing a penalty pursuant to the schedule adopted under subsection (2) of this section, the board 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 by the person incurring the penalty of statutes, rules or orders pertaining to facilities.(c)
The economic and financial conditions of the person incurring the penalty.(d)
The immediacy and extent to which a violation threatens the public health or safety. [2021 c.578 §11]
Source:
Section 822.995 — Civil penalties for violations related to towing; factors; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors822.html
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