Or. Admin. Code § 137-010-0034

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-010-0034 - Mitigating and Aggravating Factors to be Considered

In establishing the amount of any civil penalty to be imposed, the Attorney General may consider the following factors and shall cite those found applicable:

(1) The past history of the charitable organization or charitable fiduciary in connection with compliance with the requirements of ORS 128.610 to 128.769 and timely filing of required reports or documentation.

(2) Whether the cause of the violation was unavoidable, or was due to negligence or the willful or intentional act of the charitable organization or charitable fiduciary.

(3) The opportunity and degree of difficulty to correct the violation.

(4) The cooperativeness and efforts made by the charitable organization or charitable fiduciary to correct the violation for which the civil penalty is to be imposed.

(5) The cost to the Department of Justice and time involved in investigation and correspondence prior to the time the violation is actually corrected.

(6) Any other relevant factor.

Or. Admin. Code § 137-010-0034

1AG 15, f. & ef. 5-27-76; 1AG 1-1981, f. & ef. 12-1-81; JD 1-1990, f. & cert. ef. 1-25-90; DOJ 8-2015, f. & cert. ef. 7/1/2015

Stat. Auth.: ORS 128.876

Stats. Implemented: ORS 128.670(8)