Or. Admin. Code § 740-300-0030

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

Section 740-300-0030 - Violation of ORS 825.100, Relating to Operating Without a Certificate or Permit - Penalties

Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100 by operating without proper authority, or any rule or order related thereto, in addition to any other penalties authorized by law, shall be subject to the following penalties:

(1) Where operating authority had been issued to carrier, but was suspended at time of violation:

(a) Level I finding of violations(s) apply if no penalty order or cease and desist order has been entered against the defendant within the preceding five years for violations described in this rule and no other notice of proposed civil penalty or notice of proposed finding of violation(s) is pending against the defendant for violations described in this rule. If such violations have been found within the last five years, or a notice of proposed penalty or notice of proposed finding of violation(s) is pending against the defendant for violations described in this rule, penalties will be assessed at Level II. Upon a finding of violation(s) at Level I, the Department will issue an order finding such violation(s).

(b) Level II penalties, except as provided in subsection (c) of this section, apply to a defendant who does not meet the criteria in subsection (a) of this section. The penalties shall include:

(A) $250 for each new violation committed; and

(B) Suspension of operating authority for five working days.

(c) Level III penalties apply to a defendant who has been penalized at Level II within 12 months preceding the violation. The penalties shall include:

(A) $500 for each new violation committed;

(B) Imposition of suspended penalties under prior orders for previous violations of ORS 825.100, unless suspension of prior penalties has become permanent; and

(C) Suspension of operating authority for five working days, or cancellation of authority if warranted by the circumstances of the particular case.

(2) For the purpose of assessing penalties under section (1) of this rule, a carrier commits one violation for each vehicle operated in a given day while authority is suspended.

(3) Where operating authority had been issued to the carrier, but the carrier did not have the proper authority for the transportation conducted, the same conditions and penalties provided in section (1) of this rule shall apply.

(4) For the purpose of assessing penalties under section (3) of this rule, a carrier commits one violation for each movement made without proper operating authority.

(5) For purposes of determining which penalty level is applicable, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest.

Or. Admin. Code § 740-300-0030

PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); PUC 12-1995, f. & cert. ef. 11-27-95 (Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0060; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 4-2001, f. & cert. ef. 11-9-01

Stat. Auth.: ORS 823.011 & ORS 825.232

Stats. Implemented: ORS 825.100 & ORS 825.950