- (1) When a civil penalty is imposed under ORS 813.055, the operator of a commercial motor vehicle has a right to a contested case hearing in accordance with ORS 183.745. The amount of the civil penalty is not an issue at the hearing, and the administrative law judge presiding at the contested case hearing may not reduce the amount of the civil penalty.
(2) The schedule of civil penalties is assessed as follows:
- (a) $3,861 for the first violation of an out-of-service order or notice.
- (b) $7,723 for a second or subsequent violation of an out-of-service order or notice.
Statutory/Other Authority
ORS 184.619, 802.010 & 813.055
Statutes/Other Implemented
ORS 813.055, 49 CFR §383.53 & Appendix B to 49 CFR Part 386, paragraph (b)(1)
History
DMV 6-2024, amend filed 05/14/2024, effective 05/14/2024
DMV 16-2023, amend filed 07/18/2023, effective 07/18/2023
DMV 16-2022, amend filed 11/17/2022, effective 01/01/2023
DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 17-2008, f. & cert. ef. 7-23-08
MV 13-1993, f. 10-22-93, cert. ef. 11-4-93