Oregon Statutes 196.900 – Schedule of civil penalties; rules; factors to be considered in imposing civil penalties
(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation.
Terms Used In Oregon Statutes 196.900
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits pertaining to waters of the state.
(c) The impact of the violation on public interests in fishery, navigation and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS § 196.805.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS § 196.805. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [Formerly 541.685 and then 196.765]
[Formerly 541.695 and then 196.770; 1999 c.610 § 1; 2009 c.342 § 3; 2011 c.16 § 1; 2011 c.406 § 3; 2017 c.428 § 1; renumbered 196.921 in 2019]
(Traditionally Maintained Channels)