Or. Admin. R. 837-085-0250

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-085-0250 - Notice of Noncompliance and Proposed/Final Penalty Assessment Order

(1) If, during an audit initiated by the State Fire Marshal, it is concluded that a covered employer, owner or operator has not complied with the Community Right-to-Know and Protection Act and its administrative rules, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order may be issued to the covered employer, owner or operator. The Notice shall:

(a) State the name of the covered employer, owner or operator, location of the facility, and the date of the compliance audit. The period of time the employer, owner or operator is in noncompliance will be included;

(b) Describe how the covered employer, owner or operator was in noncompliance, such description to take the form of findings of fact and conclusions of law and rule;

(c) State the classification of noncompliance;

(d) Identify the rule or order the covered employer, owner or operator failed to comply with and any other statute or rules involved;

(e) Establish a compliance date if compliance is not achieved by the facility prior to issuing a Notice of Noncompliance and Proposed/Final Penalty Assessment Order;

(f) State the total dollar amount of penalties assessed and the amount subject to suspension;

(g) Inform the covered employer, owner or operator of the right to appeal the Notice of Noncompliance and Proposed/Final Penalty Assessment Order; and

(h) Notify the covered employer, owner or operator that the State Fire Marshal has designated its file in this matter as the record in this case and that the Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes final if a written appeal is not filed within 30 days of its service.

(2) The Notice of Noncompliance and Proposed/ Final Penalty Assessment Order shall be served on the covered employer, owner or operator in person or by:

(a) Regular mail, postage prepaid, true, exact and full copies when penalties for noncompliance have been suspended in full;

(b) Certified or registered mail, postage prepaid, true, exact and full copies when penalties for noncompliance have been assessed.

(3) When the State Fire Marshal does not issue a Notice of Non-Compliance and Proposed/Final Penalty Assessment Order after conducting an audit, the State Fire Marshal will notify the covered employer, owner, or operator in writing, at a minimum, of the following information:

(a) Which reporting requirements, if any, the covered employer, owner or operator was found to be out of compliance with;

(b) What actions the State Fire Marshal took to assist the covered employer, owner or operator to come into compliance;

(c) What actions the covered employer, owner or operator must take to remain in compliance; and

(d) What enforcement actions the State Fire Marshal will take if the covered employer, owner or operator is found to be out of compliance in the future.

Or. Admin. R. 837-085-0250

FM 1-1994, f. & cert. ef. 1-14-94; FM 4-1995, f. 12-14-94, cert. ef. 12-15-94; OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99; OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05; OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10; OSFM 1-2019, amend filed 01/02/2019, effective 1/2/2019

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 453.357