Or. Admin. R. 629-670-0200 - Assessment of Civil Penalties; Notice of Penalty
(1) In addition to
any other remedy, the State Forester may assess a civil penalty for any
violation described in ORS
527.992(1).
(2) The purpose of this rule is to establish
civil penalties that will be uniformly assessed by a civil penalty
administrator who is appointed by the State Forester.
(3) After a citation is issued, the citation
and any accompanying information shall be reviewed by a civil penalty
administrator. The civil penalty administrator shall review the circumstances
of the violation and determine the amount of penalty to be assessed.
(4) The State Forester shall give written
notice of a civil penalty by certified and first class mail to the person
incurring the penalty. The notice shall include but not be limited to:
(a) A reference to the particular sections of
the statute, rule, standard, order or permit involved;
(b) A short and plain statement of the
matters asserted or charged;
(c) A
statement of the amount of the penalty or penalties imposed and how it was
calculated;
(d) A statement that
the party may request collaborative dispute resolution, within 20 days of
service of the notice, in which an independent mediator would review the facts
of the case, or facilitate any agreement to mitigate the penalty or penalties
imposed;
(e) A statement of the
party's right to request a hearing within 20 days of service of the notice and
an explanation of how a hearing or mitigation of a penalty may be
requested;
(f) A statement that the
notice becomes a final order unless the person upon whom the civil penalty is
assessed, makes a written request for a hearing within 20 days from the date of
service of the notice; and
(g) A
statement that the record of the proceedings to date, including the agency file
or files on the subject of the civil penalty, automatically becomes part of the
contested case record upon default for the purpose of providing a prima facie
case.
Notes
Statutory/Other Authority: ORS 527
Statutes/Other Implemented: ORS 527.683, 527.687 & 527.992
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