Oregon Housing and Community Services Department Chapter 813
Rule Caption: Clarification of the civil penalty schedule for noncompliance relating to the registration and education requirements.
Adm. Order No.: OHCS 5-2011
Filed with Sec. of State: 3-21-2011
Certified to be Effective: 3-21-11
Notice Publication Date: 2-1-2011
Rules Adopted: 813-007-0057
Rules Repealed: 813-007-0055, 813-007-0060
Subject: 813-007-0057 – Clarifies the schedule of civil penalties that may be assessed in the event of noncompliance by a landlord or owner for the registration and education requirements. Allows for a modification of a civil penalty in the event of mitigating circumstances. This rule will replace 813-007-0055 and 813-007-0060.
Rules Coordinator: Sandy McDonnell—(503) 986-2012
Civil Penalty Schedule
(1) This rule governs the application of a civil penalty under section 4, chapter 619, Oregon Laws 2005, as amended by section 12, chapter 819, Oregon Laws 2009. A landlord or owner is subject to a civil penalty for each act of noncompliance, according to the following schedule of penalties:
(a) Failure to register and to pay registration fee: an amount not to exceed $1,000
(b) Failure to register only: an amount not to exceed $500.
(c) Failure to pay registration fee only: an amount not to exceed $500.
(d) Late submission of a registration or submission of an incomplete or inaccurate registration: an amount not to exceed $300.
(e) Late submission of registration fee or submission of less than the full amount of the registration fee: an amount not to exceed $300.
(f) Failure to satisfy continuing education requirements: an amount not to exceed $1,000.
(2) When the Department notifies a landlord or owner of the Department’s intention to impose a civil penalty, the Department may provide for one or more of the following in the notice as the Department determines to be appropriate for facilitating a just resolution of the matter and for furthering the interests of the Department:
(a) That the Department may toll the time provided for the landlord’s or owner’s response to the notice.
(b) That if the landlord or owner requests a hearing, the Department may toll the date of the hearing if the landlord or owner requests an opportunity to discuss and resolve the matter.
(c) That the Department may toll the effective date of the final order.
(3) When an Administrative Law Judge hears a proposed civil penalty, the Department retains authority to modify the order of the Administrative Law Judge and to issue the final order in the matter.
(4) A civil penalty assessed against a landlord or owner is subject to modification by the Department before the date on which the order becomes final if the Department determines that mitigating circumstances justify the modification. Mitigating circumstances that the Department may consider include but are not limited to the following:
(a) The intent of the landlord or owner regarding the noncompliance;
(b) Good faith efforts by the landlord or owner to subsequently comply in the matter or to otherwise modify behavior;
(c) The degree of harm arising from the noncompliance;
(d) The hardship on the landlord or owner, relating to the landlord’s or owner’s ability to pay the civil penalty;
(e) The requirements of justice in the particular case; and
(f) Considerations of appropriate consistency in treating incidences of noncompliance.
(5) An order in a civil penalty that becomes final is subject to modification by the Department for correction of errors in the order or for amendment in the event of further negotiations between the Department and the landlord or owner.
Stat. Auth.: Sec. 9, ch. 816, OL 2009
Stats. Implemented: Sec. 4, ch. 619, OL 2005, as amended by sec. 12, ch. 816, OL 2009
Hist.: OHCS 14-2010(Temp), f. & cert. ef. 9-23-10 thru 3-21-11; OHCS 5-2011, f. & cert. ef. 3-21-11
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.