Or. Admin. R. 839-025-0540 - Schedule of Civil Penalties
(1)
The civil penalty for any one violation may not exceed $5,000. The actual
amount of the civil penalty will depend on all the facts and on any mitigating
and aggravating circumstances.
(2)
For purposes of this rule, "repeated violations" means violations of a
provision of law or rule which has been violated on more than one project
within two years of the date of the most recent violation.
(3) Notwithstanding any other section of this
rule, when the commissioner determines to assess a civil penalty for a
violation of ORS 279C.840 regarding the payment
of the prevailing rate of wage, the minimum civil penalty will be calculated as
follows:
(a) An equal amount of the unpaid
wages or $1,000, whichever is less, for the first violation;
(b) Two times the amount of the unpaid wages
or $3,000, whichever is less, for the first repeated violation;
(c) Three times the amount of the unpaid
wages or $5,000, whichever is less, for second and subsequent repeated
violations.
(4)
Notwithstanding any other section of this rule, when the commissioner
determines to assess a civil penalty for a violation of ORS
279C.825, or OAR
839-025-0200, or
839-025-0220 regarding fees to
be paid by a public agency, the minimum civil penalty to be assessed will be
calculated as follows:
(a) An equal amount of
the unpaid fee or $1,000, whichever is greater, for the first
violation;
(b) Two times the amount
of the unpaid fee or $3,000, whichever is greater, for the second
violation;
(c) Three times the
amount of the unpaid fee or $5,000, whichever is greater, for the third and
subsequent violations.
(5) Notwithstanding any other section of this
rule, when the commissioner determines that a public agency willfully engaged
in a violation of the least cost policy set forth in ORS
279C.305, the commissioner may
assess a civil penalty of not more than $20,000.
(6) The civil penalty for all other
violations will be set in accordance with the determinations and considerations
referred to in OAR 839-025-0520.
(7) The civil penalties set out in this rule
are in addition to any other penalty assessed or imposed by law or
rule.
Notes
Statutory/Other Authority: ORS 279C.808 & ORS 651.060(4)
Statutes/Other Implemented: ORS 279C.305, .825, .840 & OL Ch. 715 (2017)
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