839-017-0280 Schedule of Civil Penalties to Be Imposed (1) The civil penalty for any one violation shall not exceed $2,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) Repeated violations of the provisions of ORS 658.005 to 658.245 or OAR 839-017-0000 to 839-017-0477 are considered to be of such magnitude and seriousness that no less than $500 for each violation will be imposed when the Commissioner determines to impose a civil penalty. (3) In addition to any other provision of these rules, the following violations are so serious and of sufficient magnitude that the minimum civil penalty indicated will be imposed, when the Commissioner determines to impose a penalty: Violation — Minimum Penalty (a) Knowingly giving, publishing or causing to be published false fraudulent or misleading information in violation of ORS 658.195, OAR 839-017-0177 and 839-017-0178 — $1,000; (b) Knowingly charging a fee in excess of the fee schedule published by the employment agency in violation of ORS 658.155 — $700; (c) Knowingly charging a fee without a bona fide job order in violation of ORS 658.165 — $700; (d) Knowingly referring an applicant for employment without a bona fide job order in violation of ORS 658.165 — $700; (e) Knowingly failing to provide an applicant for employment with a job referral document in violation of ORS 658.172 and OAR 839-017-0072 — $500; (f) Knowingly issuing a contract which terms would violate any law or knowingly attempting to fill a job order in violation of any law in violation of ORS 658.176 — $500; (g) Knowingly requiring or accepting a fee from an applicant for employment prior to the applicant actually starting work in violation of ORS 658.176 — $500; (h) Knowingly failing to comply with any provision pertaining to refunds to applicants for employment in violation of ORS 658.185 — $300; (i) Placing or assisting in the placement of any minor if the employment is in violation of laws regulating the employment of minors in violation of ORS 658.205(4) — $500; (j) Knowingly permitting a person of bad character to frequent or be employed by the agency in violation of ORS 658.205(2). As used in this subsection a “person of bad character” includes but is not limited to a person convicted of a felony; a person who has had a license revoked, suspended, denied or refused to be issued; a person who has repeatedly violated or caused to be repeatedly violated any statute or rule pertaining to private employment agency matters, tax matters and other statutes and rules pertaining to the employment of employees or to the protection of consumers in their dealings with employment agencies. — $500; (k) Knowingly referring the applicant for employment to a place where a labor dispute exists in violation of ORS 658.205(5) — $500; (l) Splitting a fee in violation of ORS 658.205(7) — $500; (m) Charging a fee in violation of ORS 658.205(8) and 658.205(9) — $500; (n) Requesting or accepting an assignment of wages in violation of ORS 658.205(10) — $500. (4) Notwithstanding section (3) of this rule, when the Commissioner determines to impose a civil penalty, the minimum civil penalty to be imposed for knowing violations of OAR 839-017-0180, Advertising Deemed False or Misleading, shall be $100. In the case of two or more violations of the same advertising provision in 839-017-0180 that appears in the same publication on the same date, all such violations will be considered as one for purposes of computing the penalty. (5) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-017-0277. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88