603-077-0165 Definitions for Enforcement Procedures and Civil Penalties Unless otherwise required by context, as used in OAR 603-077-0170–603-077-0195: (1) "Class One Equivalent" or "Equivalent," which is used only for the purposes of determining the value of the "P" factor in the civil penalty formula, means two Class Two violations, one Class Two and two Class Three violations, or three Class Three violations. (2) "Compliance" means meeting the requirements of the Department's statutes, rules, permits or orders. (3) "Director" means the Director of the Department or the Director's authorized deputies or officers. (4) "Department" means the Department of Agriculture. (5) "Documented Violation" means any violation which the Department or other government agency records after observation, investigation or data collection. (6) "Flagrant" means any documented violation where the Respondent had actual knowledge of the law and had consciously set out to commit the violation. (7) "Formal Enforcement Action" means an action signed by the Director or authorized representatives or deputies which is issued to a Respondent for a documented violation. Formal enforcement actions may require the Respondent to take action within a specified time frame, and/or state the consequences for the violation or continued noncompliance. (8) "Intentional" means conduct by a person with a conscious objective to cause the result of the conduct. (9) "Magnitude of the Violation" means the extent and effects of a violator's deviation from the Department's statutes, rules, standards, permits or orders. In determining magnitude the Department shall consider all available applicable information, including such factors as: duration, intensity, and the extent of the effects of the violation. Deviations shall be categorized as major, moderate or minor as set forth in OAR 603-077-0180. (10) "Negligence" or "Negligent" means failure to take reasonable care to avoid a foreseeable risk of committing an act or omission constituting a violation. (11) "Order" means: (a) Any action satisfying the definition given in ORS Chapter 183; or (b) Any other action so designated in ORS Chapters 468 or 468A. (12) "Person" includes, but is not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, states and their agencies, and the Federal Government and its agencies. (13) "Prior Significant Action" means any violation established either with or without admission of a violation by payment of a civil penalty, or by a final order of the Department. (14) "Reckless" or "Recklessly" means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of care a reasonable person would observe in that situation. (15) "Respondent" means the person to whom a formal enforcement action is issued. (16) "Risk of Harm" means the individual or cumulative possibility of harm to public health or the environment caused by a violation or violations. Risk of harm shall be categorized as major, moderate or minor. (17) "Systematic" means any documented violation which occurs on a regular basis. (18) "Violation" means a transgression of any statute, rule, order, license, permit, or any part thereof and includes both acts and omissions. Violations shall be categorized as Class One (or I), Class Two (or II) or Class Three (or III), with Class One designating the most serious class of violation. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 22-2004, f. & cert. ef. 8-10-04 DOA 18-2003, f. & cert. ef. 5-15-03 DOA 2-1998, f. & cert. ef. 3-3-98