Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 1 - WAGE COLLECTION MATTERS
Section 839-001-0496 - Civil Penalties
Current through Register Vol. 63, No. 9, September 1, 2024
(1) When assessing a civil penalty for violations of ORS 652.110, 652.140, 652.145, 652.260, 652.610(4), 652.750 or any rule adopted pursuant thereto, the commissioner may consider the following mitigating and aggravating circumstances in determining the amount of the civil penalty to be assessed and cite those the commissioner finds to be appropriate:
(2) The commissioner may consider what amount of civil penalty is likely to deter an employer from committing violations in the future.
(3) Notwithstanding any other section of this rule, the commissioner shall consider all aggravating circumstances presented by any employee or any other person for the purpose of increasing the amount of the civil penalty to be assessed.
(4) It shall be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed.
(5) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed.
Stat. Auth.: ORS 651.060(4), 652.165, 652.900
Stats. Implemented; ORS 652.010-652.900