The State Board of Forestry, by rule, shall establish the enforcement policy for violations prescribed in ORS 477.993. In determining the enforcement policy, the board may consider the following factors:

1. (1) Prior violation of the same or similar statutes, rules or orders.
2. (2) The gravity and magnitude of the violation.
3. (3) Whether the violations were repeated or continuous.
4. (4) Whether the cause of the violation was an unavoidable accident or a willful, malicious or negligent act.
5. (5) Whether the violation directly threatened human life or caused property damage of $10,000 or more.

[1993 c.697 §2; 1999 c.1051 §101]