Civil penalty procedure
(1) Subject to the notice provisions of ORS 527.683 (Notice of violation), any civil penalty under ORS 527.992 (Civil penalties) shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).
(2) In no case shall a hearing requested under ORS 183.745 (Civil penalty procedures) be held less than 45 days from the date of service of the notice of penalty to allow the party to prepare testimony. The hearing shall be held not more than 180 days following issuance of the notice unless all parties agree on an extension.
(3) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings).
(4) Except as provided in subsection (5) of this section, all civil penalties recovered under ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards), 527.990 (Criminal penalties) and 527.992 (Civil penalties) shall be paid to the General Fund.
(5) Civil penalties recovered under ORS 527.685 (Civil penalty considerations) (5) shall be deposited in the State Forestry Department Account under ORS 526.060 (State Forestry Department Account) and used, consistently with ORS 527.690 (Failure to comply with order to reforest or repair damage), by the State Forester to reforest the land that is the subject of a violation of ORS 527.745 (Reforestation of certain harvest types) or rules for reforestation adopted pursuant to ORS 527.745 (Reforestation of certain harvest types). Civil penalties described in this subsection that exceed the costs of reforestation shall be paid to the General Fund. [1987 c.919 §27; 1991 c.634 §6; 1991 c.734 §121; 1995 s.s. c.3 §39k; 1996 c.9 §13; 1999 c.849 §§107,108; 2003 c.75 §45; 2007 c.214 §2]
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