When the Department has determined that a violation of 603-057-0417 has occurred the Director shall calculate the amount of the civil penalty to be assessed utilizing the formula: BN+(0.1xBN) (T+D) = Penalty Amount where:

1. (1) B = Base fine, the primary fine for violating the confidentiality agreement. This base amount is set at $2,000.
2. (2) N = Number of times, including the current violative act, that the person has been determined by the Department to have committed this violative act.

3. (3) T = Preventability of violation and whether negligence or misconduct was involved. T will be weighted from 0 to 7 in the following way:

   1. (a) 0 = information is insufficient to make any finding;
   2. (b) 3 = the person’s actions determined to be violative were reasonably avoidable;
   3. (c) 7 = the person’s actions determined to be violative were flagrant.

4. (4) D = Direct release of confidential information. D will be weighted from 0 to 5 in the following way:

   1. (a) 0 = information is insufficient to make any finding;
   2. (b) 1 = information protected under 603-057-0417 was not directly released, but the information released was sufficient to allow a reasonable determination of the protected information;
   3. (c) 3 = either the identity of the owner or lessee of a specific property, or the address of the property itself where a pesticide had been applied was directly released;
   4. (d) 5 = both the identity of the owner or lessee of a specific property and the address of the property itself where a pesticide had been applied was directly released.

Statutory/Other Authority

ORS 634, 561.190 & Ch. 1059 OL 1999

Statutes/Other Implemented

Ch. 1059 OL 1999

History

DOA 27-2001, f. & cert. ef. 12-4-01