In addition to the definitions set forth in ORS 561.005, 570.005, 570.105, and 571.005, the following will apply:

1. (1) “Abatement”: Action by a person to comply with a cited violation of the rules or statutes.
2. (2) “Director”: The Director of the Department of Agriculture, or the Director’s designee.
3. (3) “Good cause”: Means a cause beyond the reasonable control of the person. “Good cause” exists when it is established by satisfactory evidence that factors or circumstances are beyond the control of a rational and prudent person of normal sensitivity, exercising ordinary common sense.
4. (4) “Magnitude of Violation”: Means the seriousness of a violation with respect to how it is categorized. The prohibited acts shall be categorized as a Major violation, Moderate violation, or Minor violation.
5. (5) “Repeat violation”: A violation that has not been fully corrected by the date ordered or subsequent violation of the same rule, order or statute.
6. (6) “Violation”: The breach of a person’s duty to comply with ORS Chapters 561, 570, or 571 or any regulation, rule or order issued thereunder.

Statutory/Other Authority

1999 OL 390

Statutes/Other Implemented

1999 OL 390

History

DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01