Or. Admin. Code § 309-060-0170

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

Section 309-060-0170 - Criminal and Civil Penalties

(1) The Division may impose civil penalties, not to exceed $5,000 for each occurrence for:

(a) Any CBHS operating without registration as required by these rules; or

(b) Any CBSH in violation of ORS 443.880 or 443.881.

(2) The notice must be sent by certified mail and include:

(a) A reference to the particular sections of the statute, rule, ordinance, or regulation imposed;

(b) A short and plain statement of the matters asserted or charged;

(c) A statement of the amount of the penalty or penalties imposed; and

(d) A statement of the right to request a hearing.

(3) The person to whom the notice is addressed shall have ten calendar days from receipt of the notice in which to make written request for a hearing.

(4) All hearings must be conducted according to the applicable provisions of ORS 183.

(5) Unless the penalty is paid within ten days after the order becomes final, the order constitutes a judgement and may be recorded by the County Clerk that becomes a lien upon the title to any interest in real property owned by the person.

(6) Civil penalties are subject to judicial review under ORS 183.480.

(7) All penalties recovered under ORS 443.480 to 443.500 shall be paid into the State Treasury and credited to the General Fund.

Or. Admin. Code § 309-060-0170

BHS 9-2018, adopt filed 04/16/2018, effective 4/16/2018; BHS 43-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.05 & ORS 413.485

Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991