1. (1) Penalties assessed for Class I, II, III and IV Noncompliance will be suspended in accordance with the following criteria:

   1. (a) To receive a penalty suspension a covered employer, owner, or operator receiving a Notice of Noncompliance and Proposed/Final Penalty Assessment Order must demonstrate that they have resolved all noncompliance issues identified in the notice and are now fully in compliance.
   2. (b) Compliance must be achieved no later than the established compliance date set forth in the notice.
   3. (c) Penalty suspensions will be calculated for each class of noncompliance identified in the Notice of Noncompliance and Proposed/Final Penalty Assessment Order.
   4. (d) Penalty suspensions will be calculated using the Penalty Suspension Schedule set forth in section 3 of this rule.
2. (2) If a covered employer, owner or operator is found to be in repeat noncompliance within a five year period, the amount of penalty suspended shall be reduced based on the instance of the repeat noncompliance.

3. (3) Penalty Suspension Schedule:

   1. (a) 1st instance — 75%.
   2. (b) 2nd instance — 25%.
   3. (c) 3rd or any subsequent instance — 0%.
4. (4) Class V Noncompliance penalty assessments will not be suspended.

Statutory/Other Authority

ORS 453.367

Statutes/Other Implemented

ORS 435.357

History

OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94