Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0020 - Civil Penalty Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 the Director's own initiative, or in response to a complaint of an alleged
			 violation of ocean shore statutes, rules, standards, permit conditions, or
			 Director's order, the Director may investigate, including entering at
			 reasonable times upon lands within the ocean shore, including private property
			 within the ocean shore, to determine if a violation has occurred and to
			 ascertain the nature, extent, severity and other factors of the violation. The
			 Director, or the Director's agents, shall not enter upon private property
			 landward of the ocean shore without the property owners permission. When
			 landowner permission is not forthcoming and access through the property
			 landward of the ocean shore is necessary to investigate, assess and prescribe
			 remedies for suspected or known ocean shore violations, the Director, his staff
			 or agents, may enter such property when accompanied by appropriate law officers
			 bearing a court issued search warrant or other appropriate
			 authorization;
(2) Upon a
			 determination that a violation has occurred, the Director shall observe the
			 procedures set forth in these rules and may impose a civil penalty against the
			 party responsible for the violation. The Director may waive a civil penalty as
			 provided in section (3) of this rule. The Director bears the burden of proof to
			 establish that a violation has or is occurring. Imposing a civil penalty under
			 these rules for an ocean shore violation shall not preclude the Director from
			 pursuing other regulatory or penalty actions provided by law.
(3) Timely compliance with the ocean shore
			 statutes and regulations and avoidance of long-term or irreversible impacts to
			 the scenic, recreation and natural resources of the ocean shore is the
			 Department's goal in dealing with violations. At the Director's discretion,
			 imposition of a civil penalty may be waived where the responsible party
			 responds with timely compliance or voluntary restitution, where these actions
			 are acceptable to the Department, and where they avoid long-term or
			 irreversible impacts to the public health, safety and welfare, scenic,
			 recreation, natural resource and economic values of the ocean shore.
(4) Civil penalties imposed under this rule
			 apply to violations of ocean shore statutes, rules, orders, and permits
			 included in, implementing, or issued in accordance with ORS
			 390.610,
			 390.620 to
			 390.660,
			 390.690, and
			 390.705 to
			 390.770. This includes ocean
			 shore alteration permits issued under 390.640, permits for pipe, cable, or
			 conduit crossings of the ocean shore issued under 390.715, and permits for
			 removal of products along the ocean shore issued under 390.725.
(5) Where a civil penalty is imposed for
			 alterations made on the ocean shore without a permit, the civil penalty shall
			 be in addition to and not in-lieu of application fees for an after the fact
			 application.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995