Or. Admin. R. 735-070-0170

Current through Register Vol. 63, No. 6, June 1, 2024

Section 735-070-0170 - Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation

(1) When a civil penalty is imposed under ORS 813.055, the operator of a commercial motor vehicle has a right to a contested case hearing in accordance with ORS 183.745. The amount of the civil penalty is not an issue at the hearing, and the administrative law judge presiding at the contested case hearing may not reduce the amount of the civil penalty.

(2) The schedule of civil penalties is assessed as follows:

(a) $3,861 for the first violation of an out-of-service order or notice.

(b) $7,723 for a second or subsequent violation of an out-of-service order or notice.

Or. Admin. R. 735-070-0170

MV 13-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 17-2008, f. & cert. ef. 7-23-08; DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 16-2022, amend filed 11/17/2022, effective 1/1/2023; DMV 16-2023, amend filed 07/18/2023, effective 7/18/2023; DMV 6-2024, amend filed 05/14/2024, effective 5/14/2024

Statutory/Other Authority: ORS 184.619, 802.010 & 813.055

Statutes/Other Implemented: ORS 813.055, 49 CFR § 383.53 & Appendix B to 49 CFR Part 386, paragraph (b)(1)