(1) In addition to any other penalty provided by law, any person who violates any provision of ORS § 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 or any rule adopted by the State Board of Towing is subject to payment of a civil penalty to the board.

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Terms Used In Oregon Statutes 822.995

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) The board may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $25,000 for each violation.

(3) Civil penalties under this section shall be imposed as provided in ORS § 183.745.

(4) In imposing a penalty pursuant to the schedule adopted under subsection (2) of this section, the board 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 by the person incurring the penalty of statutes, rules or orders pertaining to facilities.

(c) The economic and financial conditions of the person incurring the penalty.

(d) The immediacy and extent to which a violation threatens the public health or safety. [2021 c.578 § 11]

 

822.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 822 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.