Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0529 - Civil Penalty For A Violation Occurring Before June 25, 2007; Formula for Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When 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 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.