1. (1) The Oregon Health Authority (Authority) may impose a civil penalty not exceeding $5000 for each violation described in OAR 333-015-0257. A retailer may be subject to multiple civil penalties at a single inspection if the Authority or the local public health authority (LPHA) finds multiple violations of different rules or multiple instances of violations of the same rule. Each instance of a violation of a different requirement, obligation, prohibition, rule, statute, or regulation is a separate and distinct violation subject to the increasing penalty schedule described in section (2) of this rule.

2. (2) The Authority may impose civil penalties against a retailer according to the following schedule:

   1. (a) $1000 for the first violation in the review period. In addition to issuing a civil penalty for the first violation, within 90 days the retailer shall read the retailer manual available from the Authority.
   2. (b) $2000 for the second violation of the same subsection of OAR 333-015-0257 within the review period.
   3. (c) $3500 for the third violation of the same subsection of OAR 333-015-0257 within the review period.
   4. (d) $5000 for the fourth or any subsequent violation of the same subsection of OAR 333-015-0257 within the review period.
3. (3) For the purposes of this rule, “review period” means the 60-month period from the date the first violation is discovered. A new 60-month review period begins on the date the first violation is discovered after the prior review period ends.
4. (4) If the Authority imposes a penalty under this section, the penalty imposition may be appealed as a contested case under ORS chapter 183 within 21 days of the date the notice of intent is served on the retailer.
5. (5) For purposes of determining the applicable civil penalty amount for violation(s) as described in section (2) of this rule, the Authority does not consider violations discovered during an inspection where the retailer and the Authority or the LPHA develop a remediation plan.

Statutory/Other Authority

ORS 431A.218, ORS 431A.178 & ORS 413.042

Statutes/Other Implemented

ORS 431A.178, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144

History

PH 48-2023, amend filed 10/09/2023, effective 10/09/2023
PH 198-2022, minor correction filed 09/12/2022, effective 09/12/2022
PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022