2007 ORS § 455.895¹
Civil penalties

(1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 (Civil penalties) and 693.992 (Civil penalty for violations of chapter). Amounts recovered under this paragraph are subject to ORS 693.165 (Disposition of receipts).

(b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995 (Civil penalty for violation of ORS 479.510 to 479.945). Amounts recovered under this paragraph are subject to ORS 479.850 (Disposition of receipts).

(c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations). Amounts recovered under this paragraph are subject to ORS 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations).

(2) The Director of the Department of Consumer and Business Services, in consultation with the appropriate board, if any, may impose a civil penalty against any person who violates any provision of ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs), 446.395 (License required) to 446.420 (License required to maintain action), 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules), 446.666 (Regulation of dealers, dealerships and salespersons) to 446.746 (Manufactured structure dealer criminal offenses), 479.510 (Short title) to 479.945 (Restricted energy contractor's license), 479.950 (Minimum safety standards) and 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) and this chapter and ORS chapters 447, 460 and 693, or any rule adopted or order issued for the administration and enforcement of those provisions. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995 (Civil penalties for violation of ORS 446.666 to 446.756 or related rules), a civil penalty imposed under this section must be in an amount determined by the appropriate board or the director of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.

(3) Each violation of ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized) or 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs), or any rule or order issued thereunder, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.

(4) The director may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, "public body" has the meaning given that term in ORS 174.109 ("Public body" defined).

(5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The Department of Consumer and Business Services, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the director for enforcement and administration of provisions and rules described in subsection (2) of this section.

(6) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the director or the appropriate board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

(8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.

(9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the director or the appropriate board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director or board that shall not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.

(10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules) and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department’s procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 §4; 1991 c.734 §111; 1999 c.1045 §19; 2001 c.411 §21; 2003 c.14 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.898 §1]

Note: The amendments to 455.895 (Civil penalties) by section 1, chapter 898, Oregon Laws 2007, become operative July 1, 2008, and apply to civil penalty moneys received on or after July 1, 2008. See sections 3 and 4, chapter 898, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 6, chapter 549, Oregon Laws 2007, is set forth for the user’s convenience.

455.895 (Civil penalties). (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 (Civil penalties) and 693.992 (Civil penalty for violations of chapter). Amounts recovered under this paragraph are subject to ORS 693.165 (Disposition of receipts).

(b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995 (Civil penalty for violation of ORS 479.510 to 479.945). Amounts recovered under this paragraph are subject to ORS 479.850 (Disposition of receipts).

(c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations). Amounts recovered under this paragraph shall be deposited to the General Fund.

(2) The Director of the Department of Consumer and Business Services, in consultation with the appropriate board, if any, may impose a civil penalty against any person who violates any provision of ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs), 446.395 (License required) to 446.420 (License required to maintain action), 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules), 446.666 (Regulation of dealers, dealerships and salespersons) to 446.746 (Manufactured structure dealer criminal offenses), 479.510 (Short title) to 479.945 (Restricted energy contractor's license), 479.950 (Minimum safety standards) and 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) and this chapter and ORS chapters 447, 460 and 693, or any rule adopted or order issued for the administration and enforcement of those provisions. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995 (Civil penalties for violation of ORS 446.666 to 446.756 or related rules), a civil penalty imposed under this section must be in an amount determined by the appropriate board or the director of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.

(3) Each violation of ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized) or 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs), or any rule or order issued thereunder, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.

(4) The director may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, "public body" has the meaning given that term in ORS 174.109 ("Public body" defined).

(5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The Department of Consumer and Business Services, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the director for enforcement and administration of provisions and rules described in subsection (2) of this section.

(6) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the director or the appropriate board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

(8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.

(9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the director or the appropriate board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director or board that shall not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.

(10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules) and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department’s procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation.