Or. Admin. Code § 740-300-0040

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

Section 740-300-0040 - Violation of ORS Chapter 825 and 826 Not Otherwise Provided For - General Penalties

(1) Except as otherwise ordered by the Department in a particular case, any person who violates any provision of ORS Chapter 825 or 826, or any rule or order of the Department related thereto which has not otherwise been provided for in the Department's rules, shall be subject to the penalties in sections (3), (4) and (5) of this rule.

(2) As used in this rule, "similar violation" means a violation which is similar to the violation alleged in the notice of proposed civil penalty. For the purpose of determining similarity under this rule, violations shall be classified as those relating to:

(a) Registration of vehicles;

(b) Weight-mile tax credentials, temporary pass, enrollment in Oregon's weight-mile tax program or other authorized identification devices;

(c) Economic regulation of transportation of household goods, except rates;

(d) Rates for the transportation of household goods; or

(e) Violations of a statute or rule not included in subsections (a) through (d) of this section.

(3) Level I finding of violation(s) apply if no penalty order, cease and desist order or finding of violation(s) has been entered against the defendant within the preceding five years for similar violations of statutes and rules described in this section and no other notice of proposed civil penalty or notice of proposed finding of violation(s) is pending against the defendant for similar violations. 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).

(4) Level II penalties, except as provided in section (5) of this rule, apply to a defendant who does not meet the criteria in section (3) of this rule. The penalties shall include:

(a) $100 for each new violation committed; and

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

(5) Level III penalties apply to a defendant who has been penalized for similar violations at Level II within12 months preceding the violation. The penalties shall include:

(a) $100 for each new violation committed;

(b) Imposition of penalties suspended under prior orders for similar violations, unless suspensions have 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, for violation of ORS Chapter 825 or 826.

(6) Unregistered Vehicles: For the purpose of assessing penalties for violations of ORS 826.031, a defendant will be deemed to have committed one violation for each unregistered vehicle operated in a given month.

(7) Vehicles Operated Without Enrollment in the Weight-mile Tax Program or other Authorized Identification: For the purpose of assessing penalties for violations of ORS 825.470, a defendant will be deemed to have committed:

(a) One violation per day for each vehicle operated without first enrolling in the weight-mile tax program or obtaining a valid temporary pass; or

(b) One violation per vehicle for each vehicle operated without valid enrollment in the weight-mile tax program.

Or. Admin. Code § 740-300-0040

PUC 12-1995, f. & cert. ef. 11-27-95 (Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0065; MCT 3-1997, f. & cert. ef. 5-9-97; MCT 8-1997, f. & cert. ef. 11-17-97; MCT 11-1997, f. & cert. ef. 12-22-97; MCTB 5-1998, f. & cert. ef. 11-18-98; MCTB 4-2001, f. & cert. ef. 11-9-01; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02; MCTD 3-2016, f. & cert. ef. 9/26/2016; MCTD 4-2019, temporary amend filed 10/22/2019, effective 10/22/2019 through 04/17/2020; MCTD 4-2020, amend filed 04/03/2020, effective 4/3/2020

Statutory/Other Authority: ORS 184.619, 823.011 & 825.232

Statutes/Other Implemented: ORS 818.210, 818.230, 825.104, 825.110, 825.160, 825.166, 825.202, 825.204, 825.206, 825.224, 825.234, 825.320, 825.470, 825.950 & 826.031