1. (1) If the Director of the Employment Department determines that an employer that offers benefits pursuant to a plan approved under ORS 657B.210 has at any time violated any requirements applicable to plans approved under ORS 657B.210, the director may assess the following penalties against the employer:

   1. (a) $1,000 for the first violation.
   2. (b) $2,000 for the second and each subsequent violation.
2. (2) The director may waive collection of a penalty assessed under subsection (1) of this section if the employer corrects the violation within 30 days of receiving a notice of the violation and the notice is for a first violation.
3. (3) The director may waive collection of any penalties if the director determines the violation to be an inadvertent error by the employer.
4. (4) Monetary penalties collected under this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.
5. (5) The decision of the director to assess a penalty under this section shall become final unless within 20 days following the date of the notice informing the employer of the penalty, the employer submits a written request for a hearing under ORS 657B.410 to review the director’s decision. A decision of the director to assess a penalty under this section does not authorize the collection of the penalty until the decision becomes final.

Note: Section 13 (3), chapter 120, Oregon Laws 2023, provides:

Sec. 13. (3) Section 7, chapter 120, Oregon Laws 2023 [657B.925], applies to penalties assessed on or after September 3, 2023. [2023 c.120 §13(3); 2023 c.292 §16b(3)]

[2023 c.120 §7]