1. (1) The commissioner shall consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed against a contractor, subcontractor or public agency and shall cite those the commissioner finds to be applicable:

   1. (a) The actions of the contractor, subcontractor or public agency in responding to previous violations of statutes and rules;
   2. (b) Prior violations, if any, of statutes and rules;
   3. (c) The opportunity and degree of difficulty to comply;
   4. (d) The magnitude and seriousness of the violation;
   5. (e) Whether the contractor, subcontractor or public agency knew or should have known of the violation.
2. (2) It shall be the responsibility of the contractor, subcontractor or public agency to provide the commissioner with evidence of any mitigating circumstances set out in section (1) of this rule.
3. (3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of the underpayment of wages, if any, in violation of any statute or rule.
4. (4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the contractor, subcontractor or public agency for the purpose of reducing the amount of the civil penalty to be assessed.

Statutory/Other Authority

ORS 279 & 651

Statutes/Other Implemented

ORS 279.348 - 279.380

History

BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
Renumbered from 839-016-0520, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
BL 3-1996, f. & cert. ef. 1-26-96