(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation.
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits pertaining to waters of the state.
(c) The impact of the violation on public interests in fishery, navigation and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 196.805.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 196.805. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [Formerly 541.685 and then 196.765]
Section: Previous 196.845 196.850 196.855 196.860 196.865 196.870 196.875 196.880 196.885 196.890 196.895 196.900 196.905 196.910 196.990 NextLast modified: August 7, 2008