Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS
Section 839-017-0277 - Criteria to Determine Civil Penalty

Universal Citation: OR Admin Rules 839-017-0277

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

(1) The Commissioner shall consider the following mitigating and aggravating circumstance when determining the amount of any civil penalty to be imposed against an employment agency and shall cite those the Commissioner finds to be applicable:

(a) The actions of the employment agency in responding to previous violations of statutes and rules.

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

(c) The opportunity and degree of difficulty to comply.

(d) Magnitude and seriousness of violation.

(e) Whether the employment agency knew or should have known of the violation.

(2) It shall be the responsibility of the employment agency to provide the Commissioner with evidence of any mitigating and aggravating circumstances set out in section (1) of this rule.

(3) In arriving at the actual amount of the civil penalty, the Commissioner shall consider the amount of money, if any, taken from an applicant for employment by the employment agency in violation of any statute or rule.

(4) Notwithstanding any other section of this rule, the Commissioner shall consider all mitigating and aggravating circumstances presented by the employment agency for the purpose of reducing the amount of the civil penalty to be imposed.

Stat. Auth.: ORS 658.210

Stats. Implemented: ORS 658.005 - ORS 658.245

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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