1. (1) Any violation of ORS 279A.140, 279A.280, or 279B.270 must be punished as described in 291.990, pursuant to 279A.990(1).

2. (2) Upon notice to the Department of an alleged violation pursuant to ORS 279A.990(1), the Department, at its own discretion, may provide to an individual of an Agency or an Agency an optional administrative process with an opportunity for remedy prior or parallel to a legal process leading to conviction or a Department certification leading to other penalties provided by ORS 291.990. This Rule and administrative process may address related considerations, including but not limited to:

   1. (a) What specific actions are interpreted as violations giving rise to penalties;
   2. (b) Applicability to individuals of Agencies and Agencies, regardless of whether delegated Authority existed pursuant to OAR 125-246-0170; and
   3. (c) The placement of responsibility for violations along the chain of delegated responsibility.

Statutory/Other Authority

ORS 279A.065(5)(a) & 279A.070

Statutes/Other Implemented

ORS 279A.990

History

DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05