1. (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 603.995 or 619.996, the Department shall consider the following factors, which are listed in prioritized order:

   1. (a) The immediacy and extent to which the violation threatens the public health or safety;
   2. (b) Any prior violations of statutes, rules or orders pertaining to meat or meat related activities.
   3. (c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
   4. (d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.
2. (2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event.
3. (3) Repeat violations of OAR 603-028-0910 will be assessed as three times the penalty amount in OAR 603-028-0910, not to exceed $10,000.
4. (4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the mailing or personal service of the notice of civil penalty.

Statutory/Other Authority

ORS 561.190, 603.995 & 619.996

Statutes/Other Implemented

ORS 603.995 & 619.996

History

DOA 2-2013, f. & cert. ef. 2-7-13