Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0502 - Civil Penalties Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to any other penalty provided by law, the Director may assess a
			 civil penalty for violation of any provision of ORS 634 relating to pesticide
			 application, sale or labeling.
(2)
			 Where the Director determines that a violation occurred before June 25, 2007,
			 the Director will determine the amount of any civil penalty for that violation
			 using OAR 603-057-0525 and 603-057-0529. The amount of such civil penalty for a
			 first violation shall not exceed $1,000, and the amount of such civil penalty
			 for any subsequent violation of the same provision shall not exceed
			 $2,000.
(3) Where the Director
			 determines that a violation did not result from gross negligence or willful
			 misconduct, and if the violation occurred between June 25, 2007 and December
			 31, 2015, the Director will determine the amount of any civil penalty for that
			 violation using OAR 603-057-0525 and 603-057-0530. The amount of such civil
			 penalty for a first violation shall not exceed $1,000, and the amount of such
			 civil penalty for any subsequent violation of the same provision shall not
			 exceed $2,000.
(4) Where the
			 Director determines that a violation did not result from gross negligence or
			 willful misconduct, and if the violation occurred on or after January 1, 2016,
			 the Director will determine the amount of any civil penalty for that violation
			 using OAR 603-057-0525 and 603-057-0531. The amount of such civil penalty for a
			 first violation shall not exceed $2,000, and the amount of such civil penalty
			 for any subsequent violation of the same provision shall not exceed
			 $4,000.
(5) Where the Director
			 determines that a violation resulted from gross negligence or willful
			 misconduct and occurred on or after June 25, 2007, the Director will determine
			 the amount of any civil penalty for that violation using OAR 603-057-0525 and
			 603-057-0532. The amount of such civil penalty for a first or a subsequent
			 violation shall not exceed $10,000.
(6) Where the Director determines that a
			 violation involves a failure to comply with a confidentiality agreement related
			 to the pesticide use reporting program, the Director will determine the amount
			 of any civil penalty for that violation using OAR 603-057-0420. The amount of
			 such civil penalty for a first or subsequent violation of such confidentiality
			 agreement shall not exceed $10,000.
(7) If a person requests a hearing, nothing
			 in this division of administrative rules prevents the Department from amending
			 the notice to impose civil penalties for the violation under OAR 603-057-0525
			 and either OAR 603-057-0530 or 603-057-0531, and, in the alternative, under OAR
			 603-057-0525 and 603-057-0532. The amended notice will specify which civil
			 penalty will be assessed if the hearing does not occur for any
			 reason.
(8) A civil penalty imposed
			 under the applicable statutes and these rules may be remitted or reduced upon
			 such terms and conditions as the Director considers proper and consistent with
			 public health and safety.
(9) Civil
			 penalties shall be due and payable ten (10) business days after the order
			 becomes final by operation of law or on appeal. A person may pay a civil
			 penalty before an order becomes final. Payment of a civil penalty before an
			 order becomes final is an admission by the person of all of the allegations in
			 the Notice of Imposition of Civil Penalty.
Statutory/Other Authority: ORS 561, 634 &
				  183.335(5)
Statutes/Other Implemented: ORS
				  183.745,
				  634.006,
				  634.306,
				  634.322,
				  634.372 &
				  634.900 -
				  634.915