1. (1) The Commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any 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;
   5. (e) Whether the employer’s action or inaction has resulted in the loss of a substantive right of an employee.
2. (2) It will be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed.
3. (3) Notwithstanding any other section of this rule, the commissioner will consider evidence of 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 652.710(7), 652.710(11) & 673

Statutes/Other Implemented

ORS 183.090 & 652.710

History

BLI 1-2002, f. & cert. ef. 1-9-02
BL 10-1992, f. & cert. ef. 7-1-92