Section 476.995 - Penalty for violation of ORS 476.760The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760(1). The civil penalty may not exceed:
(1) For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater.(2) For a person that distributes or offers to sell cigarettes to consumers:(a) For a distribution or offer of not more than 1,000 cigarettes, $500.(b) For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.(3) For a continuing violation of ORS 476.760(1), each day that a person distributes or offers to sell cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760(1) is a separate violation subject to civil penalty. For purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760(1) only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183.