(1) In addition to any applicable criminal penalty under ORS 571.991 or 571.995 or any other penalty, a person who violates ORS 571.055 or 571.525 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.
(2) Every violation of ORS 571.055 or 571.525 is a separate offense subject to a separate civil penalty.
(3) The department shall consult with, and seek the advice of, the State Christmas Tree Advisory Committee and the State Nursery Research and Regulatory Committee in order to:
(a) Develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations;
(b) Develop guidelines and policies regarding the circumstances under which civil penalties should be imposed; and
(c) At least biannually review cases to ensure that guidelines and policies developed under paragraph (b) of this subsection are being followed.
(4) The imposition of a civil penalty under this section is subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from civil penalties recovered under this section into the Department of Agriculture Account.
(6) Moneys from civil penalties recovered under this section for a violation of ORS 571.055 are continuously appropriated to the department for the administration of nursery laws and industry projects under ORS 571.005 to 571.230.
(7) Moneys from civil penalties recovered under this section for a violation of ORS 571.525 are continuously appropriated to the department for the administration of Christmas tree laws and industry projects under ORS 571.510 to 571.580. [1999 c.390 §6]
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Section: Previous 571.530 571.535 571.540 571.545 571.550 571.555 571.560 571.565 571.570 571.575 571.580 571.990 571.991 571.995 571.997Last modified: August 7, 2008