1. (1) When assessing a civil penalty for violations of ORS 652.110, 652.140, 652.145, 652.260, 652.610(4), 652.750 or any rule adopted pursuant thereto, the commissioner may consider the following mitigating and aggravating circumstances in determining the amount of the civil penalty to be assessed and cite those the commissioner finds to be appropriate:

   1. (a) The history of the employer in taking all necessary measures to prevent or correct violations of statutes or rules;
   2. (b) Prior violations, if any, of statutes or rules;
   3. (c) The magnitude and seriousness of the violation;
   4. (d) Whether the employer knew or should have known of the violation.
2. (2) The commissioner may consider what amount of civil penalty is likely to deter an employer from committing violations in the future.
3. (3) Notwithstanding any other section of this rule, the commissioner shall consider all aggravating circumstances presented by any employee or any other person for the purpose of increasing the amount of the civil penalty to be assessed.
4. (4) It shall be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed.
5. (5) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed.

Statutory/Other Authority

ORS 651.060(4), 652.165 & 652.900

Statutes/Other Implemented

ORS 652.010–652.900

History

BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10
BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08