Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS
Section 839-014-0430 - Criteria for Determining a Civil Penalty

Universal Citation: OR Admin Rules 839-014-0430

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the Commissioner finds to be appropriate:

(a) The history of the farm-worker camp operator or other person in taking all necessary measures to prevent or correct violations of statutes or rules;

(b) Prior violations, if any, of statutes or rules;

(c) The magnitude and seriousness of the violation;

(d) Whether the farm-worker camp operator or other person knew or should have known of the violation.

(2) It shall be the responsibility of the farm-worker camp operator or other person to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be imposed.

(3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of money or valuables, if any, taken from camp occupants by the farm-worker camp operator or other person in violation of any statute or rule.

(4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the farm-worker camp operator or other person for the purpose of reducing the amount of the civil penalty to be imposed.

Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS 962

Stats. Implemented: ORS 658.705 - ORS 658.850

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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