(1) Subject to the notice provisions of ORS § 527.683, any civil penalty under ORS § 527.992 shall be imposed in the manner provided in ORS § 183.745.

Terms Used In Oregon Statutes 527.687

  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(2) In no case shall a hearing requested under ORS § 183.745 be held less than 45 days from the date of service of the notice of penalty to allow the party to prepare testimony. The hearing shall be held not more than 180 days following issuance of the notice unless all parties agree on an extension.

(3) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS § 183.605.

(4) Except as provided in subsection (5) of this section, all civil penalties recovered under ORS § 527.610 to 527.770, 527.990 and 527.992 shall be paid to the General Fund.

(5) Civil penalties recovered under ORS § 527.685 (5) shall be deposited in the State Forestry Department Account under ORS § 526.060 and used, consistently with ORS § 527.690, by the State Forester to reforest the land that is the subject of a violation of ORS § 527.745 or rules for reforestation adopted pursuant to ORS § 527.745. Civil penalties described in this subsection that exceed the costs of reforestation shall be paid to the General Fund. [1987 c.919 § 27; 1991 c.634 § 6; 1991 c.734 § 121; 1995 s.s. c.3 § 39k; 1996 c.9 § 13; 1999 c.849 107,108; 2003 c.75 § 45; 2007 c.214 § 2]