Or. Admin. Code § 603-054-0055

Current through Register Vol. 63, No. 11, November 1, 2024

Section 603-054-0055 - Notice of Violation and Assessment of Civil Penalties

(1) Notice of a violation shall inform the person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance.

(2) The Director shall prescribe a reasonable time for the abatement of a violation of ORS 561, 570 or 571. Upon timely request, the Director may extend this time for good cause shown. The request should state any good cause that supports the request.

(3) Violations occurring after the time prescribed for the elimination of the violation shall be considered repeat violations.

(4) Persons receiving a notice of proposed civil penalty under these rules shall have twenty (20) calendar days to request a hearing. If a request is not received on the 20th day after the notice is served, the Department may issue a default order. The Department file is designated as the record in cases of default.

(5) Notice of violation shall be in writing and shall be sent by registered or certified mail to the last known address on file with the Department of Agriculture. The notice shall include, but not be limited to:

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

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

(c) A statement of the amount of the penalty or penalties assessed, and how it was calculated;

(d) A person's right to request a hearing within twenty (20) days of receipt of the notice and explanation of how a hearing may be requested;

(e) A statement that the notice becomes a final order unless the Department receives a written request for a hearing from the person whom the civil penalty is addressed within twenty (20) days from the receipt of the notice;

(f) A statement that the person is entitled to an informal conference with the Department to attempt resolution of the violation and penalty prior to commencement of a formal contested case hearing.

(6) Civil penalties shall be due and payable within twenty (20) days of receipt of the final order of violation or when the notice is converted to a final order because the person has defaulted.

(7) Any time after the service of the written notice of assessment of a civil penalty, the Director may compromise, reduce or settle any unpaid civil penalty at any amount that the Director deems appropriate in his or her discretion. As provided by ORS 183.415(5), any compromise, reduction or settlement authorized by the Director shall be final and not subject to judicial review.

Or. Admin. Code § 603-054-0055

DOA 3-2001, f. & cert. ef. 1-5-01; DOA 10-2005, f. & cert. ef. 2-15-05

Stat. Auth.: 1999 OL 390

Stats. Implemented: 1999 OL 390