1. (1) Civil penalties, not to exceed $200 per violation per day, may be assessed for a facility operating without a current registration.

2. (2) Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing from the Department. The notice shall be sent by registered or certified mail and shall include all elements required by ORS 183.415 including but not limited to:

   1. (a) A reference to applicable sections of the statute, rule, standard, or order involved;
   2. (b) A short and plain statement of the matters asserted or charged;
   3. (c) A statement of the amount of the penalty or penalties imposed; and
   4. (d) A statement of the right to request a hearing.
3. (3) The person to whom the notice is addressed shall have 10 calendar days from the date of service in which to make written application for a contested case hearing.
4. (4) All hearings shall be conducted according to the applicable provisions of ORS 183 relating to contested cases before the Department.
5. (5) If the person notified fails to request a hearing within the time specified; or if after a hearing the person is found to be in violation of a statute, rule, or order, an order may be entered assessing a civil penalty.
6. (6) Unless the penalty is paid within 10 calendar days after the order becomes final, the order constitutes a judgment and may be recorded by the County Clerk which becomes a lien upon the title to any interest in real property owned by the operator.
7. (7) Civil penalties are subject to judicial review under ORS 183.480, except that the court may, at its discretion, reduce the amount of the penalty.
8. (8) All penalties recovered under ORS 443.480 to 443.500 shall be paid into the State Treasury and credited to the General Fund.

Statutory/Other Authority

ORS 410.070 & 443.485

Statutes/Other Implemented

ORS 443.480 & 443.500

History

APD 24-2022, amend filed 06/13/2022, effective 07/01/2022
SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90