Oregon § 390.676 Schedule of civil penalties; factors to determine amount; rules

Oregon Statutes

§ 390.676 — Schedule of civil penalties; factors to determine amount; rules

Oregon § 390.676

Vol.10

Title 31Highways, Roads, Bridges and Ferries

Ch. 390State and Local Parks; Recreation Programs;

This text of Oregon § 390.676 (Schedule of civil penalties; factors to determine amount; rules) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 390.676 (2026).

Text

(1)The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992.

(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 this state.

(c)The impact of the violation on public interests in navigation, fishery and recreation.

(d)Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610.

(3)The penalty imposed under this section may be

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(1) The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992.
(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 this state.
(c) The impact of the violation on public interests in navigation, fishery and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610.
(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 390.610. 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.