1. (1) At any time during a contested case, and prior to the issuance of a final order, the Department of the State Fire Marshal may mitigate the civil penalty amount and may agree to payment of an amount less than that stated in the notice of civil penalty, after review of:

   1. (a) The criteria listed in OAR 837-045-0080(2); and
   2. (b) Any explanatory information provided to the Department of the State Fire Marshal.
2. (2) If the Department of the State Fire Marshal adjusts a civil penalty, the Department of the State Fire Marshal shall issue an amended notice of civil penalty.

3. (3) The Department of the State Fire Marshal shall:

   1. (a) Retain the original amended notice of civil penalty;
   2. (b) Serve a copy of the amended notice of civil penalty on the person against whom the civil penalty was assessed.
4. (4) The Department of the State Fire Marshal may mail a copy of the amended notice of civil penalty to the authority that issued the notice of deficiency citation.

Statutory/Other Authority

ORS 479.295 & 479.990

Statutes/Other Implemented

ORS 479.250 - 479.300 & 479.990

History

OSFM 34-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00