Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS
Section 736-020-0110 - Disposition of Fees and Penalties
Universal Citation: OR Admin Rules 736-020-0110
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department shall establish an account for fees and penalties collected by the Department, or awarded by the court(s), in the administration of the ocean shore statutes. The moneys in this account shall be dedicated to the ocean shore program and shall be continually appropriated to the Department to be used, in priority order, highest to lowest, for:
(a) Administering the
Department's ocean shore permitting program;
(b) Preserving and protecting the scenic,
recreational and other natural resource values of the ocean shore, including
preserving, protecting and restoring native species and habitats including
rare, threatened, or endangered species and their habitats;
(c) Providing public education about the
ocean shore;
(d) Promoting public
safety on the ocean shore;
(e)
Providing information and assistance to oceanfront landowners; and
(f) Any other purpose the Director may deem
appropriate in promoting the ocean shore policy in ORS
390.610 through
390.635.
(2) The fees and penalties that shall be deposited into the ocean shore account shall include:
(a) Application fees collected in accordance
with ORS 390.650(7);
(b) That portion of just compensation fees
collected in accordance with ORS
390.715(1) and
390.725(1)
necessary to cover the Department's administrative costs, including processing
the application, issuing and administering the permit and monitoring the
project;
(c) Civil penalties
collected in accordance with Oregon Laws 1999, Chapter 373, Sections (9), (10),
and (11);
(d) Court awarded
settlements in civil abatement proceedings in accordance with Oregon Laws 1999,
Chapter 373, Sections (13) and (16); and
(e) Court awarded settlements to any
plaintiff in civil abatement proceedings in accordance with Oregon Laws 1999,
Chapter 373, Section (15).
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995
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