Establishment of schedule of civil penalties
- • rules
- • imposition of such penalties
(1) After consultation with the advisory committee established under ORS 345.330 (Advisory committee), the State Board of Education shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation of ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee). No civil penalty shall exceed $500 per violation. The board shall consult with the Attorney General before adopting the schedule of penalties for violations of ORS 345.120 (Investigations) (2)(d).
(2) In imposing a penalty for violation of ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) pursuant to the schedule or schedules authorized by this section, the Superintendent of Public Instruction shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) or rules adopted pursuant thereto.
(c) The economic and financial conditions of the person incurring a penalty.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the superintendent considers proper and consistent with the public welfare.
(4) The superintendent may impose penalties which may be remitted or mitigated on condition that a particular violation not continue or occur after a certain period not to exceed 15 days. [1975 c.478 §24; 1991 c.67 §88; 1993 c.45 §281]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information