2015 ORS 527.687¹
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]

Atty. Gen. Opinions

Authority of State Forester to enter private land without owners permission to administer Forest Practices Act, (1978) Vol 39, p 17; county authority to adopt reasonable zoning regula­tions to protect wa­ter supplies from impact of forest opera­tions, (1980) Vol 40, p 446

Law Review Cita­tions

4 EL 352 (1974); 17 EL 717, 718 (1987); 19 EL 833 (1989)

Chapter 527

Atty. Gen. Opinions

Authority of State Forester to enter private lands to administer Forest Practices Act, (1978) Vol 38, p 17


1 Legislative Counsel Committee, CHAPTER 527—Insect and Disease Control; Forest Practices, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors527.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 527, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano527.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.