Establishing schedule of civil penalties
- • rules
(1) After public hearing, the Occupational Therapy Licensing Board by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 675.336 (Civil penalties). For a first violation of the provisions of ORS 675.210 (Definitions for ORS 675.210 to 675.340) to 675.340 (Enforcement procedure), the board shall issue a warning notice. The board may impose a fine of not to exceed $200 on a second violation and may impose a fine of not to exceed $1,000 upon third and subsequent violations.
(2) In imposing a penalty pursuant to the schedule adopted pursuant to subsection (1) of this section, the board 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 the statute or rule.
(c) The economic or financial conditions of the person incurring the penalty.
(d) The immediacy and extent to which the violation threatens the public health or safety.
(3) A civil penalty imposed under ORS 675.336 (Civil penalties) may be remitted or reduced upon such terms or conditions as the board considers proper and consistent with the public health and safety. [1991 c.791 §3]
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