Department action against employer when department receives notification of violation of out-of-service order
- • civil penalty
(1) When the Department of Transportation receives notification that a person has violated an out-of-service order or notice, the department shall impose a civil penalty of not less than $2,750 or more than $25,000 on the employer of an operator of a commercial motor vehicle if the department finds that the employer knowingly allowed, permitted, authorized or required the operator to violate the order or notice.
(2) For purposes of this section, “notification” includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice.
(3) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).
(4) If the amount of the 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. [Formerly 767.996; 1997 c.275 §33; 2007 c.122 §5; 2009 c.395 §12]
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