Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS
Section 837-085-0270 - Penalty Criteria for Noncompliance - General

(1) Any covered employer, owner or operator found to be in noncompliance may be assessed a penalty of up to a maximum of $1,000 per day for each day of noncompliance in accordance with ORS 453.357.

(2) The noncompliance classification established in OAR 837-085-0280 shall be used to determine the penalty, if any, that will be assessed.

(3) If a covered employer, owner, or operator is found to be in Class 1 Noncompliance, calculated and assessed penalties for violations in other noncompliance classes will not be assessed.

(4) If a covered employer, owner, or operator is found to be in two or more of Class II, III, or IV Noncompliance, a daily penalty may be assessed for only for the highest Noncompliance Class. Penalties for violations in other noncompliance classes will not be assessed.

(5) If a covered employer, owner, or operator is found to be in Class V Noncompliance, penalties for violations in other noncompliance classes will not be assessed.

(6) At any time prior to a Notice of Noncompliance and Proposed/Final Penalty Assessment Order becoming final, the State Fire Marshal may modify the notice to reflect the correct noncompliance classification or penalty assessment.

(7) Nothing in these rules shall affect the ability of the State Fire Marshal to modify penalties through a Stipulated Final Order.

(8) Penalty suspensions may be made in accordance with OAR 837-085-0310.