Or. Admin. R. 629-670-0140 - Criminal Prosecution

Citations for violation of any forest practice rule or statute shall be presented to the District Attorney for the county where the violation occurred, along with a case brief, for the purpose of filing a complaint or information pursuant to ORS 527.990(1) whenever:

(1) In the judgment of the State Forester, the operator acted intentionally, knowingly, or recklessly as defined in ORS 161.085 relating to criminal liability; or

(2) The violation appears in the judgment of the State Forester to have resulted in monetary gain to the operator, substantially in excess of any amount recoverable by a civil penalty, and which would not have resulted under compliance with the rule.

Notes

Or. Admin. R. 629-670-0140

DOF 7-2002, f. & cert. ef. 7-1-02

Stat. Auth.: ORS 527.710 & ORS 526.016

Stats. Implemented: ORS 527.680, ORS 527.683, ORS 527.990& ORS 527.992