Or. Admin. Code § 836-200-0560
Current through Register Vol. 64, No. 1, January 1, 2025
Section 836-200-0560 - Civil Penalties(1) The director may impose civil penalties on reporting manufacturers for violations of 2018 Or Laws ch 7 and OAR 836-200-0500 to 836-200-0560 including the following: (a) Failing to provide required information, or providing inaccurate or incomplete information;(b) Failing to respond in a timely manner to a written request by the department for additional information; or(c) Failing to submit required reports.(2) For a reporting manufacturer's first violation of 2018 Or Laws ch 7 and OAR 836-200-0500 to 836-200-0560, the civil penalties imposed under this section will adhere to the following schedule: (a) For failing to provide required information or providing inaccurate or incomplete information, and for each missing, inaccurate or incomplete data element. No greater than $500 per day of violation for the first 30 days, and no greater than $1,000 per day of violation thereafter.(b) For failing to respond in a timely manner to a written request by the department for additional information. No greater than $1,500 per day of violation for the first 30 days, and no greater than $3,000 per day of violation thereafter.(c) For failing to submit required reports. No greater than $2,500 per day of violation for the first 30 days, and no greater than $5,000 per day of violation thereafter.(3) For reporting manufacturers that have previously violated 2018 Or Laws ch 7 or OAR 836-200-0500 to 836-200-0560, the civil penalties imposed under this section will adhere to the following schedule: (a) For failing to provide required information or providing inaccurate or incomplete information, and for each missing, inaccurate or incomplete data element. No greater than $1,000 per day of violation.(b) For failing to respond in a timely manner to a written request by the department for additional information. No greater than $3,000 per day of violation.(c) For failing to submit required reports. No greater than $5,000 per day of violation.(4) For any other violation, including any violation constituting a breach of the good faith expectations specified in OAR 836-200-0504, any violation committed with intent to obstruct the department's administration of 2018 Or Laws ch 7 and 836-200-0500 to 836-200-0560, or any violation committed with intent to engage in conduct injurious to the public, the civil penalty imposed under this section will be no greater than $10,000 per day of violation.Or. Admin. Code § 836-200-0560
ID 2-2019, adopt filed 02/26/2019, effective 3/1/2019Statutory/Other Authority: 2018 Or Laws ch 7
Statutes/Other Implemented: 2018 Or Laws ch 7