justicedao/ipfs_state_laws huggingface dataset:
740-300-0010 Failure to Produce Records — Penalties Except as otherwise ordered by the Department in a particular case, after written notice, any motor carrier who fails to produce records as required by the Department under OAR 740-055-0100, in addition to any other penalties authorized by law, will be subject to the following penalties under ORS 825.137(2)(g) and 825.950: (1) $100 per day for each day of failure for a period not to exceed 10 days, and except as described in subsection (3), suspension of operating authority until reinstated by the Department; (2) $100 per day for each day of failure from the 16th day of the entry of the order under subsection (1) of this section, for a period not to exceed 20 days, and cancellation of operating authority; (3) Any suspension of authority imposed for failure to produce records as described in OAR 740-055-0100(4) will be held in abeyance for one year if the motor carrier has not been found in violation of OAR 740-055-0100(4) within the prior five years. A second failure to produce records subjects the motor carrier to a five day suspension of operating authority. A third failure to produce records under this section may result in cancellation of operating authority. Statutory/Other Authority: ORS 183, 823 & 825 Statutes/Other Implemented: ORS 823.029 History: MCTD 4-2011, f. & cert. ef. 11-23-11 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0020 PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0020 Failure to Produce Records — Mitigation Except as otherwise ordered by the Department in a particular case, the following mitigation policy shall apply to any motor carrier who incurs a penalty under OAR 740-300-0010 for failure to produce records: (1) A defendant who produces the required records prior to the entry of the penalty order and who has had no orders with respect to similar violations within the preceding five years, is eligible for a 50-percent reduction of the assessed monetary penalty and no suspension of operating authority. Staff shall advise the Department when required records are produced prior to entry of the penalty order. (2) A defendant who produces the required records prior to the entry of the penalty order, but who has a previous history of such violation within the preceding five years, is subject to the full monetary penalty, but no suspension shall be imposed nor shall the authority be canceled. Staff shall advise the Department when required records are produced prior to the entry of the penalty order. (3) No mitigation will be considered for a defendant who has not answered the notice of proposed civil penalty or who has not produced the requested records prior to entry of a penalty order. (4) For purposes of determining mitigation, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 823.029 History: MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0030 PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0030 Violation of ORS 825.100(1), Relating to Operating Without a Permit — Penalties Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100(1) by operating without proper authority, or any rule or order related thereto, in addition to any other penalties authorized by law, shall be subject to the following penalties: (1) Level I finding of violations(s) apply if no penalty order or cease and desist order has been entered against the defendant within the preceding five years for violations described in this rule and no other notice of proposed civil penalty or notice of proposed finding of violation(s) is pending against the defendant for violations described in this rule. Upon a finding of violation(s) at Level I, the Department will issue an order finding such violation(s). (2) Level II penalties, except as provided in subsection (3) of this section, apply to a defendant who does not meet the criteria in subsection (1) of this section. The penalties shall include: (a) $250 for each new violation committed; and (b) Suspension of operating authority for five working days. (3) Level III penalties apply to a defendant who has been penalized at Level II within 12 months preceding the violation. The penalties shall include: (a) $500 for each new violation committed; (b) Imposition of suspended penalties under prior orders for previous violations of ORS 825.100(1), unless suspension of prior penalties has become permanent; and (c) Suspension of operating authority for five working days, or cancellation of authority if warranted by the circumstances of the particular case. (4) For the purpose of assessing penalties under this rule, each operation of a motor vehicle in violation of this rule is a separate violation. (5) For purposes of determining which penalty level is applicable, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100 & 825.950 History: MCTD 7-2025, amend filed 12/11/2025, effective 01/01/2026 MCTB 4-2001, f. & cert. ef. 11-9-01 MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0060 PUC 12-1995, f. & cert. ef. 11-27-95, (Order No. 95-1218) PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0035 Violation of ORS 825.100(2) — Penalties Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100(2) or any rule or order related thereto, in addition to any other penalties authorized by law, shall be subject to a penalty of $3,000. Statutory/Other Authority: ORS 825.950 & Ch. 433 OL 2009 Statutes/Other Implemented: ORS 825.100 & 825.950 History: MCTD 7-2025, amend filed 12/11/2025, effective 01/01/2026 MCTD 2-2009, f. & cert. ef. 9-29-09 MCTD 4-2006, f. & cert. ef. 8-28-06 MCTD 3-2004, f. 6-24-04, cert. ef. 6-29-04 MCTD 9-2003(Temp), f. 12-12-03, cert. ef. 1-1-04 thru 6-28-04
740-300-0045 Violation of ORS Chapter 818 — General Penalties (1) Except as otherwise ordered by the Department in a particular case, any person who violates or aids and abets a violation of any provision of ORS Chapter 818, or any rule or order of the Department related thereto which has not otherwise been provided for in the Department’s rules, shall be subject to the penalties in sections (2), (3) and (4) of this rule. (2) Level I penalties are $100 for each new violation if: (a) No penalty order or cease and desist order has been entered against the defendant within the preceding five years for similar violations of statutes and rules described in this section; and (b) No other notice of proposed civil penalty is pending against the defendant for similar violations. (3) Level II penalties, except as provided in section (4) of this rule, apply to a defendant who does not meet the criteria in subsections (2)(a) and (b) of this rule. The penalties shall include: (a) $100 for each new violation committed; (b) Imposition of penalties suspended under prior orders for similar violations, unless suspensions have been permanent by the terms of the order; and (c) Suspension of ability to operate under variance permit for five working days if warranted by the circumstances of the particular case. (4) Level III penalties apply to a defendant who has been penalized for similar violations at Level II within one year preceding the violation. The penalties shall include: (a) $100 for each new violation committed; (b) Imposition of penalties suspended under prior orders for similar violations; and (c) Suspension or cancellation of ability to operate under variance permit if warranted by the circumstances of the particular case. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 818.220, 818.450 & 825.950 History: MCTB 4-2001, f. & cert. ef. 11-9-01
740-300-0050 Mitigation for Violations Described in OAR 740-300-0030, 740-300-0040 and 740-300-0045 A petitioner who has admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0030, 740-300-0040 or 740-300-0045, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of service of a penalty order, may be eligible for mitigation of penalties. Except as otherwise ordered by the Department in a particular case, and except as provided in section (4) of this rule, the mitigation policy set forth in sections (1), (2) and (3) of this rule shall apply to any person who incurs a penalty under OAR 740-300-0030, 740-300-0040 or 740-300-0045 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department: (1) Level I Penalties: The Department shall suspend 50 percent of the monetary penalty assessed or requested under OAR 740-300-0045 for each violation at Level I on the condition that petitioner must not violate similar statutes or regulations within one year from the date of the penalty order. (2) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested. (3) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis. (4) The Department shall consider the history of violations by the petitioner and the number of violations charged in determining whether the mitigation guidelines in sections (1), (2) and (3) of this rule are appropriate. There shall be no mitigation in the following cases: (a) Where the petitioner provided false information to the Department staff about the nature of its operations; (b) Where the petitioner willfully evaded or attempted to evade compliance, such as registration at a port of entry; or (c) Where the petitioner has failed to pay previously assessed penalties. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.950 History: MCTD 7-2025, amend filed 12/11/2025, effective 01/01/2026 MCTB 4-2001, f. & cert. ef. 11-9-01 MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0070 PUC 12-1995, f. & cert. ef. 11-27-95, (Order No. 95-1218) PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0055 Mitigation for Violations Described in OAR 740-300-0035 A respondent who has violated ORS 825.100(2) and admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0035, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of service of a penalty order, may be eligible for mitigation of penalties. The mitigation guidelines set forth below shall apply to any person who incurs a penalty under OAR 740-300-0035 and who has taken corrective action, as approved by the Department, to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department: (1) If respondent has not previously received mitigation for any proposed civil penalty under OAR 740-300-0035, the Department may suspend up to 50 percent of the monetary penalty assessed or requested on the condition that the respondent must not violate ORS 825.100(2) within one year from the date of the penalty order. (2) There shall be no mitigation allowed with respect to penalties that were imposed and suspended under prior orders. (3) The Department shall consider the history of violations by the respondent and the number of violations charged in determining whether the mitigation guidelines of this rule are appropriate. There shall be no mitigation in the following cases: (a) Where the respondent has failed to pay previously assessed penalties. (b) Where the respondent provided false or misleading information to Department staff about the nature of its operations. (c) Where the respondent has already received mitigation for the proposed corrective action. Statutory/Other Authority: ORS 823.011, 825.232 & 825.950 Statutes/Other Implemented: ORS 825.100 & 825.950 History: MCTD 7-2025, adopt filed 12/11/2025, effective 01/01/2026
740-300-0070 Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) — General Mitigation A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties under OAR 740-300-0060, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of service of a penalty order, may be eligible for mitigation of penalties. Except as otherwise ordered by the Department in a particular case, the mitigation policy set forth in sections (1) and (2) of this rule shall apply to any person who incurs a penalty under OAR 740-300-0060 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department. (1) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested. (2) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.950 History: MCTB 4-2001, f. & cert. ef. 11-9-01 MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0050 PUC 12-1995, f. & cert. ef. 11-27-95, (Order No. 95-1218) PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0100 Hazardous Materials Penalty Matrix (1) The guidelines in sections (2) and (3) of this rule shall be applied by staff when determining the monetary penalties to be requested for violations of rules adopted under ORS 825.258, relating to hazardous materials. (2) Categories within the Hazardous Materials Matrix: (a) “Potential for Harm” establishes the potential of a violation to cause or contribute to a hazardous materials incident or to hamper emergency response efforts in the event of an incident. The factors contained within this category are: (A) Recordkeeping (not including shipping documents); (B) Driving/Transportation (including shipping documents); (C) Safety/Equipment (includes packaging); (D) Time/Mileage (extent of exposure); (E) Location (population/water, etc.); and (F) Potential Harm. (b) “Severity of Harm” is considered when there has been an incident involving a hazardous material. The factors contained within this category are: (A) Road and Traffic; (B) Environment; and (C) Life and Limb. (c) “Culpability” establishes the state of mind of the person or persons responsible for the violation. The factors contained within this category are: (A) Premeditation; (B) Willful Disregard; (C) Negligence; (D) Inadvertence; and (E) Role of Responsible Person. (3) Point values shall be assigned to one or more of the three categories depending on the violation. The Echelon value for each category shall be determined by the sum of the points assigned to each factor within the category: (a) “Potential for Harm.” Values for this category range from 0 to 44 points: (A) 1–9 points equals Echelon I; (B) 10–18 points equals Echelon II; (C) 19–27 points equals Echelon III; and (D) 28 or more points equals Echelon IV. (b) “Severity of Harm.” Values for this category range from 0 to 21 points: (A) 1–7 points equals Echelon III; and (B) 8 or more points equals Echelon IV. (c) “Culpability.” Values for this category range from 0 to 33 points: (A) 1–5 points equals Echelon I; (B) 6–14 points equals Echelon II; and (C) 15 or more points equals Echelon III. (4) The determination of the penalty amount for each violation shall be determined by the highest Echelon value within the three categories. (5) The Department shall provide a copy of a worksheet used to determine penalties with the notice to the defendant. Statutory/Other Authority: ORS 823.011 & 825.258 Statutes/Other Implemented: ORS 825.258 History: MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0100 PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0110 Violation of Rules Under ORS 825.258 — Mitigation A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties imposed under OAR 740-300-0090, and who has requested mitigation within 15 days of service of a penalty order, may be eligible for mitigation of penalties under the guidelines established in sections (1) and (2) of this rule. Except as otherwise ordered by the Department in a particular case, the mitigation policy shall apply to any person who incurs a penalty under OAR 740-300-0090 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department. (1) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested. (2) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed or requested at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed or requested at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis. Statutory/Other Authority: ORS 823.011 & 825.258 Statutes/Other Implemented: ORS 825.258 History: MCTB 4-2001, f. & cert. ef. 11-9-01 MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0110 PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
740-300-0120 Violations Specified in ORS 825.960, Relating to Out-Of-Service Orders or Notices — Penalties (1) Any person who commits the violation specified in ORS 825.960, related to Out-Of-Service orders or notices, in addition to any penalties otherwise provided by law, shall be subject to the following penalties: (a) $10,000 for each violation committed; and (b) For a motor carrier who, within the 12 months preceding the violation, has been found by order of the Department in violation of ORS 825.960, a suspension of operating authority for five working days. (2) There shall be no mitigation for a penalty imposed under ORS 825.960 and this OAR 740-300-0120 relating to violation of provisions of an Out-Of-Service order or notice. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.137 & 825.960 History: MCTD 2-2023, amend filed 03/09/2023, effective 03/09/2023 MCTB 4-2001, f. & cert. ef. 11-9-01 MCTB 1-2001, f. & cert. ef. 1-17-01 MCTB 5-1998, f. & cert. ef. 11-18-98 MCT 12-1997, f. & cert. ef. 12-22-97 MCT 3-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0120 PUC 14-1992, f. & cert. ef. 11-9-92, (Order No. 92-1560)
741-015-0010 Purpose ORS 824.016 establishes the State Rail Rehabilitation Fund for the purpose of financing investments in passenger and freight rail in Oregon. The purpose of these Chapter 741, Division 15, administrative rules is to establish the State Rail Rehabilitation Program for the distribution of the funds and the procedures, standards and criteria for the program’s operation. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 1-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0020 Definitions For the purposes of these Division 15 rules, the following terms shall have the following definitions: (1) "Applicant" means: (a) A railroad doing business within the state of Oregon; (b) A public body as defined in ORS 174.109; or (c) A foreign or domestic company incorporated or registered with the Oregon Secretary of State to do business within the state of Oregon. (2) “Approved Project” means a Project that the Department has determined will receive funding through the State Rail Rehabilitation Fund. (3) “Department” is as defined in ORS 184.610(2). (4) “Director” is as defined in ORS 184.610(3). (5) “Program” means the State Rail Rehabilitation Fund Program as authorized by ORS 824.016 and these OAR 741, Division 15, implementing administrative rules. (6) “Program Funds” means the money appropriated by the Oregon Legislature to the State Rail Rehabilitation Fund for the purpose of paying for projects or using as match to leverage federal discretionary grant funding for rail projects. (7) “Rail Needs Inventory” means a project database and overarching decision framework to guide investment and programming decisions, as described in the Oregon State Rail Plan Implementation Plan (https://www.oregon.gov/odot/rptd/pages/oregon-state-rail-plan-implementation.aspx). (8) “Rail Project” means any or all of the expenditures for which moneys in the State Rail Rehabilitation Fund are appropriated, as described in ORS 824.016(1). (9) “Railroad” is as defined in ORS 824.020. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 2-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0025 Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the State Rail Rehabilitation Fund, as funding is made available. (2) The Department reviews Project applications for compliance with the requirements in OAR 741-015-0040 and as prescribed in OAR 741-015-0050. (3) If a Project is not funded, the Applicant may resubmit the Project during subsequent application submission periods prescribed by the Department. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 3-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0030 Application Requirements Applicants interested in receiving funds from the State Rail Rehabilitation Fund may submit to the Department an application. The application shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require. If the applicant intends to use the funds as a match for a federal grant, they must clearly state that in their application. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 4-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024