1. (1) The commissioner may suspend any civil penalty issued pursuant to ORS 658.850(3), if the matter for which the penalty was issued was corrected within 15 days of the time the operator received notice of the violation for which the civil penalty was issued. Persons desiring to have the civil penalty suspended may petition the commissioner. The petition shall contain each and every reason for the request and shall be submitted in an answer filed with the person’s request for a hearing on the civil penalty action.

2. (2) The commissioner shall grant or deny the petition and in so doing shall consider the following factors:

   1. (a) The magnitude and seriousness or the violation or violations which led to the civil penalty;
   2. (b) The petitioner’s past history in taking all necessary measures to prevent or correct violations of statutes or rules;
   3. (c) The petitioner’s other prior violations of the statute or rules, if any;
   4. (d) Other matters which indicate to the commissioner that the petitioner is not likely to violate ORS 658.705 to 658.850 and these rules in the future.

Statutory/Other Authority

ORS 164, 165, 651, 658 & 962

Statutes/Other Implemented

ORS 658.705 - 658.850

History

BL 1-1996, f. & cert. ef. 1-9-96
BL 2-1990, f. & cert. ef. 3-1-90