(1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for:
(a) Failure to file a statement or certificate required to be filed under ORS 260.044 (1), 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the information required under ORS 260.057, 260.076, 260.083, 260.102 or 260.118.
(2) If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044 (1), 260.057, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112 or 260.118 within the time specified in ORS 260.057, 260.076, 260.078 or 260.118, the Secretary of State by certified mail shall notify the person that a penalty may be imposed and that the person has 20 days to request a hearing before the Secretary of State. If the person required to file is a candidate or the principal campaign committee of a candidate, the Secretary of State shall send the notice described in this subsection by certified mail to the individual who is the candidate and by first class mail to the candidate’s treasurer or the treasurer of the candidate’s principal campaign committee. The notice sent by certified mail to the individual who is a candidate shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section. The Secretary of State is not required to send two notices if the candidate serves as the treasurer of the candidate’s principal campaign committee.
(3) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the Secretary of State:
(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day after the person received the notice sent under subsection (2) of this section;
(b) Upon request of the filing officer with whom a statement or certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State’s own motion.
(4) A hearing under subsection (3) of this section shall be held not later than 30 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (3) of this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony and other evidence, subject to the penalty for false swearing, to the Secretary of State for entry in the hearing record. The testimony and other evidence must be received by the secretary not later than three business days before the day of the hearing.
(7) A civil penalty imposed under this section may not be more than:
(a) $10,000 for failure to file a statement or certificate required to be filed under ORS 260.044 (1), 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118; or
(b) $10,000 for each failure to include in a statement filed under ORS 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the information required under ORS 260.057, 260.076, 260.083, 260.102 or 260.118.
(8) The Secretary of State, upon a showing of mitigating circumstances, may reduce the amount of the penalty described in subsection (7) of this section.
(9) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. [1979 c.190 §360; 1979 c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471 §14; 1991 c.319 §1; 1991 c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993 c.743 §24; 1999 c.999 §17; 2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17; 2005 c.809 §41]
Section: Previous 260.218 260.220 260.225 260.227 260.228 260.230 260.231 260.232 260.235 260.240 260.241 260.245 260.250 260.255 260.260 NextLast modified: August 7, 2008