Oregon Statutes 825.960 – Department action against employer when department receives notification of violation of out-of-service order; civil penalty; rules
(1) When the Department of Transportation receives notification that a person has violated an out-of-service order or notice, the department shall impose a civil penalty on the employer of an operator of a commercial motor vehicle if the department finds that the employer knowingly allowed, permitted, authorized or required the operator to violate the order or notice.
Terms Used In Oregon Statutes 825.960
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Transportation. See Oregon Statutes 825.005
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: includes overdimension vehicles or vehicles permitted excessive weights pursuant to a special authorization issued by a city, county or the Department of Transportation. See Oregon Statutes 825.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Violate: includes failure to comply. See Oregon Statutes 174.100
(2) For purposes of this section, ‘notification’ includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice.
(3) Civil penalties under this section shall be imposed in the manner provided by ORS § 183.745.
(4) If the amount of the penalty is not paid to the department, the Attorney General, at the request of the department, shall bring an action in the name of the State of Oregon in the Circuit Court of Marion County to recover such penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the department. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.
(5) The department may adopt by rule a schedule establishing the amount of the civil penalty that may be imposed under this section. [Formerly 767.996; 1997 c.275 § 33; 2007 c.122 § 5; 2009 c.395 § 12; 2021 c.630 § 122]