Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order of department
(1)(a) Except as otherwise provided in paragraph (b) of this subsection, in addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of any provision of this chapter, ORS chapter 818 or 826 or any order, rule or decision of the Department of Transportation shall incur a civil penalty of not more than $100 for every such violation.
(b) In addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of ORS 825.100 (Certificate or permit required for commercial transportation of persons or property on public highways) or 825.245 (Performance of pack or load services) shall incur a civil penalty of not more than $500 for every such violation.
(2) Each violation described in this section is a separate offense and in case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission which procures, aids or abets in the violation is a violation under this section and subject to the civil penalty provided in this section.
(3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).
(4) The Department of Transportation may reduce any civil penalty provided for in this section on such terms as the department considers proper if:
(a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or
(b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served.
(5) If the amount of such penalty is not paid to the department, the Attorney General, at the request of the department, shall bring an action in the name of the State of Oregon in the Circuit Court of Marion County to recover such penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the department. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.
(6) Any motor carrier of persons or of household goods found knowingly to have assessed charges for transportation service less than published in its tariffs or written contracts on file with the department may be directed to collect the undercharges from the persons liable therefor and to remit such undercharges to the department in addition to any monetary penalties imposed against the carrier for charging less than the tariff or contract prescribes.
(7) Any motor carrier of persons or of household goods found to have assessed charges for transportation service more than the rates which have been legally filed with and prescribed by the department shall refund the overcharges to the persons from whom collected. If the carrier is unable to do so, the carrier may be required to remit such overcharges to the department in addition to any monetary penalties imposed against the carrier for charging more than the applicable tariff or contract prescribes. [Formerly 767.470; 1997 c.275 §31; 1997 c.722 §1; 2003 c.754 §10]
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