Or. Admin. R. 603-015-0110 – Civil Penalty Determination Formula

The Department will use the following formula to calculate the civil penalty assessed: B + [ (0.1 X B) (P + S)], where:

(1) B = Base penalty from matrix: Category 1 = $250; Category 2 = $150; Category 3 = $75.
(2) P = Past occurrence of violations within the past 5 years. P will be weighted from 0 to 6 in the following manner: 0 = No prior violations or insufficient evidence on which to base a finding; 1 = Past occurrence of one Category 3 violation; 2 = Past occurrence of one Category 2 violation or two Category 3 violations; 3 = Past occurrence of one Category 1 violation, two Category 2 violations, or three Category 3 violations; 4 = Past occurrence of two Category 1 violations, three Category 2 violations, or four Category 3 violations; 5 = Past occurrence of three Category 1 violations, four Category 2 violations, or five or more Category 3 violations; 6 = Past occurrence of more than three Category 1 violations or five or more Category 2 violations.
(3) S = Size of rescue entity, the number of animals in the entity’s legal custody. S will be weighted from 0 to 4 in the following manner: 0 = Small rescue entity (25 or fewer animals); 2 = Medium rescue entity (26 to 100 animals); 4 = Large rescue entity (greater than 100 animals).

ORS 609.415, 561 & 596

ORS 609.415 & 609.420