1. (1) The civil penalty for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.
2. (2) When the Commissioner determines to assess a civil penalty for violation(s) of ORS 652.710(1), the minimum civil penalty to be assessed shall be $50 for each employee affected; provided, however, that if the violation(s) of 652.710(1) result(s) in a lapse of health care insurance coverage or otherwise in the unavailability of health care services through the employer’s contract, the minimum civil penalty to be assessed shall be $500 for each employee affected.
3. (3) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0780.

4. (4) When the Commissioner determines to assess a civil penalty for any violation of ORS 652.710(1) by an employer who has previously been assessed a civil penalty for violation of 652.710(1), the minimum civil penalty shall be as follows:

   1. (a) For a second offense, double the amounts specified in sections (2) and (3) of this rule;
   2. (b) For third and subsequent offenses, $1,000 for each violation.
5. (5) The civil penalties set out in this rule shall be in addition to any other penalty imposed by law or rule.

Statutory/Other Authority

ORS 652.710(7) & 652.710(11)

Statutes/Other Implemented

ORS 183.090 & 652.710

History

BL 10-1992, f. & cert. ef. 7-1-92