Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0531 - Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct on or after January 1, 2016; Formula for Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Director determines that the 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 the civil penalty using this section.
			 To determine the amount of the civil penalty, calculate it utilizing the
			 formula: NB + [(.1 x NB) x (P + H + R + C)] = Penalty Amount where:
(a) N = the number of times, within a period
			 of three years prior to and including the date of the current violative act,
			 that the person has been determined by the Director to have committed that
			 violative act;
(b) B = the base
			 penalty determined using the following matrix: [Matrix not included. See ED.
			 NOTE.]
(A) The Magnitude of Violation is
			 determined according to OAR 603-057-0525(2).
(B) The Gravity of Effect is determined
			 according to OAR 603-057-0525(3).
(c) P = past occurrence of unrelated
			 violations under ORS Chapter 634 for a period of three years prior to the date
			 of the current violative act. P will be weighted from O to 6 in the following
			 manner:
(A) O = no prior violation or
			 insufficient evidence on which to base a finding;
(B) 1 = past occurrence of an unrelated
			 Category III violation;
(C) 2 =
			 past occurrence of an unrelated Category II violation or two unrelated Category
			 III violations;
(D) 3 = past
			 occurrence of an unrelated Category I violation, two unrelated Category II
			 violations or three unrelated Category III violations;
(E) 4 = past occurrence of two unrelated
			 Category I violations, three unrelated Category II violations or four unrelated
			 Category III violations;
(F) 5 =
			 past occurrence of three unrelated Category I violations, four unrelated
			 Category II violations, or five or more unrelated Category III
			 violations;
(G) 6 = past occurrence
			 of three or more unrelated Category I violations or five or more unrelated
			 Category II violations.
(d) H = History of the person in taking all
			 feasible steps or procedures necessary or appropriate to correct a violative
			 action. H will be weighted from -2 to 2 in the following way:
(A) -2 = the person took all feasible steps
			 or procedures to correct any prior violations;
(B) O = there is no prior history or
			 insufficient information on which to base a finding;
(C) 1 = the person took some, but not all
			 feasible steps or procedures to correct prior violations;
(D) 2 = the person took no action to correct
			 prior violations.
(e) R
			 = preventability of violation. R will be weighted from -2 to 7 in the following
			 way:
(A) -2 = the person's actions determined
			 to be violative were unavoidable;
(B) O = information is insufficient to make
			 any finding;
(C) 3 = the person's
			 actions determined to be violative were reasonably avoidable;
(D) 7 = the person's actions were
			 flagrant.
(f) C =
			 cooperativeness on the part of the person to assist the department in its
			 investigation and to the extent possible, rectify the violation. C will be
			 weighted from -2 to 2 in the following way:
(A) -2 = the person is cooperative;
(B) -1 = the person provides limited
			 cooperation;
(C) O = the person is
			 neither cooperative nor uncooperative;
(D) 1 = the person is generally
			 uncooperative;
(E) 2 = the person
			 is uncooperative.