Or. Admin. Code § 839-025-0540

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

Section 839-025-0540 - Schedule of Civil Penalties

(1) The civil penalty for any one violation may not exceed $5,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.

(2) For purposes of this rule, "repeated violations" means violations of a provision of law or rule which has been violated on more than one project within two years of the date of the most recent violation.

(3) Notwithstanding any other section of this rule, when the commissioner determines to assess a civil penalty for a violation of ORS 279C.840 regarding the payment of the prevailing rate of wage, the minimum civil penalty will be calculated as follows:

(a) An equal amount of the unpaid wages or $1,000, whichever is less, for the first violation;

(b) Two times the amount of the unpaid wages or $3,000, whichever is less, for the first repeated violation;

(c) Three times the amount of the unpaid wages or $5,000, whichever is less, for second and subsequent repeated violations.

(4) Notwithstanding any other section of this rule, when the commissioner determines to assess a civil penalty for a violation of ORS 279C.825, or OAR 839-025-0200, or 839-025-0220 regarding fees to be paid by a public agency, the minimum civil penalty to be assessed will be calculated as follows:

(a) An equal amount of the unpaid fee or $1,000, whichever is greater, for the first violation;

(b) Two times the amount of the unpaid fee or $3,000, whichever is greater, for the second violation;

(c) Three times the amount of the unpaid fee or $5,000, whichever is greater, for the third and subsequent violations.

(5) Notwithstanding any other section of this rule, when the commissioner determines that a public agency willfully engaged in a violation of the least cost policy set forth in ORS 279C.305, the commissioner may assess a civil penalty of not more than $20,000.

(6) The civil penalty for all other violations will be set in accordance with the determinations and considerations referred to in OAR 839-025-0520.

(7) The civil penalties set out in this rule are in addition to any other penalty assessed or imposed by law or rule.

Or. Admin. Code § 839-025-0540

BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0540, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07. cert. ef. 1-1-08; BLI 4-2018, amend filed 02/22/2018, effective 2/22/2018

Statutory/Other Authority: ORS 279C.808 & ORS 651.060(4)

Statutes/Other Implemented: ORS 279C.305, .825, .840 & OL Ch. 715 (2017)