ORS 704.900 Civil penalties; procedure; rules

(1)

In addition to any other penalty provided by law, the State Marine Board may impose a civil penalty for failure to comply with ORS 704.020, 704.021, 704.065 or 704.070 or for violation of ORS 704.030.

(2)

Any civil penalty under this section shall be imposed in the manner provided by ORS 183.745.

(3)

Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 30 days from the date of service of the notice in which to make written application for a hearing before the board.

(4)

The board shall adopt rules implementing these provisions, including a schedule of civil penalties. The civil penalty for each violation shall not exceed $1,000.

(5)

A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the board considers proper and consistent with the public health and safety.

(6)(a)

In imposing a penalty pursuant to the schedule adopted pursuant to this section, the board shall consider the following factors:

(A)

Any prior violations of ORS 704.020, 704.021, 704.030, 704.065 or 704.070.

(B)

The immediacy and extent to which the violation threatens the public health or safety.

(b)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial conditions of the person in determining whether a penalty shall be remitted or mitigated.

(7)

All penalties recovered under this section shall be paid into the State Treasury and credited to the Outfitters and Guides Account.