2013 ORS § 656.735¹
Civil penalty for noncomplying employers
  • amount
  • liability of partners and of corporate and limited liability company officers
  • effect of final order
  • penalty as preferred claim
  • disposition of moneys collected

(1) The Director of the Department of Consumer and Business Services shall assess any person who violates ORS 656.052 (Prohibition against employment without coverage) (1) a civil penalty of not more than $1,000 or twice the premium that would have been due for the period of noncompliance, whichever is the greater.

(2) The director shall assess any person who continues to violate ORS 656.052 (Prohibition against employment without coverage) (1), after an order issued pursuant to ORS 656.052 (Prohibition against employment without coverage) (2) has become final, a civil penalty, in addition to any penalty assessed under subsection (1) of this section, of not more than $250 for each day such violation continues.

(3)(a) When a noncomplying employer is a corporation, such corporation and the officers and directors thereof shall be jointly and severally liable for any civil penalties assessed under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer).

(b) When a noncomplying employer is a limited liability company, the company and its members and managers shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer). As used in this paragraph, limited liability company, manager and member have the meanings for those terms provided in ORS 63.001 (Definitions).

(c) When a noncomplying employer is a limited liability partnership or foreign limited liability partnership, the partnership and its limited liability partners shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer). As used in this paragraph, limited liability partnership and foreign limited liability partnership have the meanings for those terms provided in ORS 67.005 (Definitions).

(d) When a noncomplying employer is a partnership, the partnership and its partners shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer). As used in this paragraph, partnership has the meaning for that term provided in ORS 67.005 (Definitions).

(4) When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of penalty is paid within 10 days after the order becomes final, it constitutes a judgment and may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. The penalty provided in the order so recorded shall become a lien upon the title to any interest in property owned by the person against whom the order is entered, and execution may be issued upon the order in the same manner as execution upon a judgment of a court of record.

(5) Civil penalties, and judgments entered thereon, due to the director under this section from any person shall be deemed preferred to all general claims in all bankruptcy proceedings, trustee proceedings, and proceedings for the administration of estates and receiverships involving the person liable therefor or the property of such person.

(6) All moneys collected under this section shall be paid into the Workers Benefit Fund. [1973 c.447 §4; 1977 c.73 §1; 1983 c.696 §23; 1995 c.332 §65; 1995 c.641 §12; 1995 c.689 §37; 1997 c.775 §91; 2003 c.170 §8]