333-124-0010 Civil Penalties (1) The Authority may impose a civil penalty on: (a) A tanning facility for violations of ORS 431.925 through 431.955 or any rules in divisions 100, 103, 111, 119 and this chapter. (b) An X-ray machine registrant for a violation of ORS 453.605 through 453.807 or any rules in division 100, 101, 103, 106, 108, 111, 112, 115, 120, 122, 123 of this chapter, and this division. (c) A radioactive materials licensee for a violation of ORS 453.605 through 453.807 or any rules in divisions 100, 102, 103, 105, 109, 111, 113, 116, 117, 118, 120, 121 of this chapter, and this division. (2) For a first violation, unless the violation poses a serious public health threat, the Authority shall provide a tanning facility, X-ray machine registrant or radioactive materials licensee with a Notice of Violation that explains the violation and informs the facility, registrant or licensee of the violation and that it must be corrected within a time frame specified in the Notice, or the facility, registrant or licensee may be subject to a civil penalty. (3) Persons may be subject to a civil penalty without being issued a Notice of Violation for violations of OAR 333-101-0005, OAR 333-101-0020, OAR 333-101-0023 OAR 333-101-0045, OAR 333-102-0001, OAR 333-119-0020, or any violation within OAR chapter 333, division 103. (4) For violations that pose a significant public health threat, or for second or subsequent violations of any level of severity, the Authority may, but is not required to, issue a Notice of Violation as described in section (2) of this rule prior to issuing a Notice of Imposition of Civil Penalty. (5) Each day that a facility, registrant or licensee is in violation is considered a new violation until the facility, registrant or licensee is in compliance. (6) Each device that is out of compliance with applicable statutes or rules is a separate violation. (7) A civil penalty will be imposed based on the severity of the violation and whether it is a first or repeat offense. (a) Level 1 violation: A violation that has the potential to cause a significant health and safety problem or has caused a significant health and safety problem. (b) Level 2 violation: A violation that has the potential to cause a moderate health and safety problem or has caused a moderate health and safety problem. (c) Level 3 violation: A violation that has the potential to cause a minor health and safety problem or has caused a minor health and safety problem. (d) Level 4 violation: A violation that, if it continues, could result in a condition that may cause a health and safety problem. (e) Level 5 violation: An action that violates a statute or rule but will not result in a direct health and safety problem. (Minor statutory or administrative rule infraction) (8) Civil penalty amounts are as follows, except as provided in section (8) of this rule: (a) Level 1 violation, first offense: $200. (b) Level 1 violation, second offense: $350. (c) Level 1 violation, third and subsequent offenses: $500. (d) Level 2 violation, first offense: $150. (e) Level 2 violation, second offense: $200. (f) Level 2 violation, third and subsequent offenses: $250. (g) Level 3 violation: $100. (h) Level 3 violation, second offense: $150. (i) Level 3 violation, third and subsequent offenses: $200. (j) Level 4 violation, first offense: $75. (k) Level 4 violation, second offense: $100. (l) Level 4 violation, third and subsequent offenses: $125. (m) Level 5 violation, first offense: $50. (n) Level 5 violation, second offense: $75. (o) Level 5 violation, third and subsequent offenses: $100. (9) For failure to properly pay registration or licensing fee in whole within 30 days of the due date, the registrant or licensee will be subject to a civil penalty of: (a) Three percent of the applicable fee outlined in division 103 of these rules per day per device for the first 30 days, followed by; (b) Five percent of the applicable fee outlined in division 103 of these rules per day per device for the next 30 days, followed by; (c) Ten percent of the applicable fee outlined in division 103 of these rules per day per device for the next 30 days or subsequent periods and calculated from the due date until the registration or licensing fee is paid in full. (10) The Authority will issue a Notice of Intent to Assess Civil Penalties and the Notice will explain the right of the facility to request a hearing, in accordance with ORS 183.745. Statutory/Other Authority: ORS 431.262, 431.950 & 453.771 Statutes/Other Implemented: ORS 431.262, 431.950 & 453.771 History: PH 234-2018, amend filed 08/02/2018, effective 08/16/2018 PH 4-2010, f. & cert. ef. 2-16-10