Or. Admin. Code § 603-027-0480

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

Section 603-027-0480 - Definitions

In addition to the definitions set forth in OAR 603-027-0410 Definitions, the following shall apply:

(1) "Civil Penalty Assessment Notice" (CPAN) shall be an order in a contested case for the purpose of judicial review and means a document which informs a person of the existence of a violation and the assessment of a civil penalty amount as provided for in Table 2 of OAR 603-027-0490(9). This document may be served by registered mail, certified mail, or in person.

(2) "Enforcement" means any documented action taken to address a violation.

(3) "Gravity" means grave consequences, seriousness or importance of a violation.

(4) "Impact" means the financial impact on consumers and dealers.

(5) "Intentional" means any violation where the department has documented evidence that the respondent acted with the conscious objective to cause the result or engaged in the conduct described in these regulations.

(6) "Magnitude of Violation" means the seriousness of a violation with respect to how it is categorized by the department. The violations shall be categorized as either Gravity 1: Minor violations; Gravity 2: Moderate violations; Gravity 3: Major violations.

(a) Gravity 1 means the act was unintentional, not negligent and the impact was small or absent;

(b) Gravity 2 means the act was unintentional, not negligent and the impact was large;

(c) Gravity 3 means the act was intentional, negligent and the impact was large.

(7) "Negligent" means any violation where the respondent acted in a careless or inattentive manner, and therefore committed a violation as a result of neglect.

(8) "Notice of Noncompliance" (NNC) shall be an order in other than a contested case for purposes of judicial review and means a written warning, issued by the Department at the time a violation is discovered, which includes, but is not limited to:

(a) A reference to the particular violation of the statute and/or administrative rule;

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

(c) A statement of the possible ramifications of the violation. This document may be served by registered mail, certified mail, or in person.

(9) "Notice of Violation (NOV)" shall be an order in other than a contested case for purposes of judicial review and means a document which informs a person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance. This document may be served by registered mail, certified mail, or in person.

(10) "Person" means an individual, partnership, association, or corporation.

Or. Admin. Code § 603-027-0480

AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Tables referenced are available from the agency.

Stat. Auth.: ORS 561.190, 646.905, 646.915 & 646.920

Stats. Implemented: ORS 646.905, 646.915 & 646.920