Or. Admin. R. 629-670-0315 - Requesting a Reduced Civil Penalty Due to Financial Hardship
(1) A person may
submit a written request to reduce a civil penalty due to financial hardship.
The written request shall be made within the same timelines of the request for
hearing in OAR
629-670-0310.
(2) The person asking for a reduced civil
penalty due to financial hardship is responsible for submitting evidence of
their economic and financial condition to the administrative law judge before
the hearing. This evidence shall not prejudice any claim by the person that the
violation has not occurred, or that they are not responsible for the
violation.
(3) Unless the issue is
raised in the person's request for hearing, no evidence may be presented during
the hearing on the economic and financial condition of the person. During the
hearing, the burden of proof and the burden of going forward with evidence
concerning the person's economic and financial condition, shall be upon the
person against whom the civil penalty is assessed.
(4) The administrative law judge shall
consider the evidence of financial hardship and make separate findings and
recommendation in the proposed order that support or reject reducing the amount
of any civil penalty.
(5) The board
delegates to the State Forester the authority to reach settlement to remit or
mitigate the amount of any civil penalty at any time before the board issues a
final order regarding financial hardship.
Notes
Stat. Auth.: ORS 527
Stats. Implemented: ORS 527.685, 527.687
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