Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS
Section 837-085-0310 - Penalty Suspensions
Universal Citation: OR Admin Rules 837-085-0310
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Penalties assessed for Class I, II, III and IV Noncompliance will be suspended in accordance with the following criteria:
(a)
To receive a penalty suspension a covered employer, owner, or operator
receiving a Notice of Noncompliance and Proposed/Final Penalty Assessment Order
must demonstrate that they have resolved all noncompliance issues identified in
the notice and are now fully in compliance.
(b) Compliance must be achieved no later than
the established compliance date set forth in the notice.
(c) Penalty suspensions will be calculated
for each class of noncompliance identified in the Notice of Noncompliance and
Proposed/Final Penalty Assessment Order.
(d) Penalty suspensions will be calculated
using the Penalty Suspension Schedule set forth in section 3 of this
rule.
(2) If a covered employer, owner or operator is found to be in repeat noncompliance within a five year period, the amount of penalty suspended shall be reduced based on the instance of the repeat noncompliance.
(3) Penalty Suspension Schedule:
(a) 1st instance - 75%.
(b) 2nd instance - 25%.
(c) 3rd or any subsequent instance -
0%.
(4) Class V Noncompliance penalty assessments will not be suspended.
Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
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