Or. Admin. R. 839-014-0430 - Criteria for Determining a Civil Penalty
(1) The commissioner may consider the
following mitigating and aggravating circumstances when determining the amount
of any civil penalty to be imposed, and shall cite those the Commissioner finds
to be appropriate:
(a) The history of the
farm-worker camp operator or other person in taking all necessary measures to
prevent or correct violations of statutes or rules;
(b) Prior violations, if any, of statutes or
rules;
(c) The magnitude and
seriousness of the violation;
(d)
Whether the farm-worker camp operator or other person knew or should have known
of the violation.
(2) It
shall be the responsibility of the farm-worker camp operator or other person to
provide the commissioner any mitigating evidence concerning the amount of the
civil penalty to be imposed.
(3) In
arriving at the actual amount of the civil penalty, the commissioner shall
consider the amount of money or valuables, if any, taken from camp occupants by
the farm-worker camp operator or other person in violation of any statute or
rule.
(4) Notwithstanding any other
section of this rule, the commissioner shall consider all mitigating
circumstances presented by the farm-worker camp operator or other person for
the purpose of reducing the amount of the civil penalty to be
imposed.
Notes
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS 962
Stats. Implemented: ORS 658.705 - ORS 658.850
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