Or. Admin. Code § 741-060-0107

Current through Register Vol. 63, No. 10, October 1, 2024

Section 741-060-0107 - Individual Liability

(1) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA's safety plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are:

(a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or

(b) Committed with reckless disregard for whether the act violated the law.

(2) In addition to all other penalties provided by law, every person who willfully violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes or administrative rules, or the RTA's own safety plan(s), rules, policies, safety standards, or standard operating procedures, will incur a civil penalty of not more than $1,000 for every such willful violation, pursuant to ORS 824.990, to be assessed against said person.

(3) Each such willful violation shall be a separate offense and in case of a continuing willful violation, every day's continuance is a separate offense. Every act of commission or omission that aids or abets in the willful violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section.

(4) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183.

Or. Admin. Code § 741-060-0107

RD 1-2017, adopt filed 09/27/2017, effective 9/27/2017; RD 1-2021, amend filed 07/19/2021, effective 7/19/2021

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329

Statutes/Other Implemented: ORS 183.745 & 824.045