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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
MOTOR CARRIER TRANSPORTATION DIVISION

 

DIVISION 300

PENALTIES

740-300-0010

Failure to Produce Records — Penalties

Except as otherwise ordered by the Department in a particular case, after written notice, any motor carrier who fails to produce records as required by the Department under OAR 740-055-0100, in addition to any other penalties authorized by law, will be subject to the following penalties under ORS 825.137(2)(g) and 825.950:

(1) $100 per day for each day of failure for a period not to exceed 10 days, and except as described in subsection (3), suspension of operating authority until reinstated by the Department;

(2) $100 per day for each day of failure from the 16th day of the entry of the order under subsection (1) of this section, for a period not to exceed 20 days, and cancellation of operating authority;

(3) Any suspension of authority imposed for failure to produce records as described in OAR 740-055-0100(4) will be held in abeyance for one year if the motor carrier has not been found in violation of OAR 740-055-0100(4) within the prior five years. A second failure to produce records subjects the motor carrier to a five day suspension of operating authority. A third failure to produce records under this section may result in cancellation of operating authority.

Stat. Auth.: ORS 183, 823 & 825
Stats. Implemented: ORS 823.029
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0020; MCTD 4-2011, f. & cert. ef. 11-23-11

740-300-0020

Failure to Produce Records -- Mitigation

Except as otherwise ordered by the Department in a particular case, the following mitigation policy shall apply to any motor carrier who incurs a penalty under OAR 740-300-0010 for failure to produce records:

(1) A defendant who produces the required records prior to the entry of the penalty order and who has had no orders with respect to similar violations within the preceding five years, is eligible for a 50-percent reduction of the assessed monetary penalty and no suspension of operating authority. Staff shall advise the Department when required records are produced prior to entry of the penalty order.

(2) A defendant who produces the required records prior to the entry of the penalty order, but who has a previous history of such violation within the preceding five years, is subject to the full monetary penalty, but no suspension shall be imposed nor shall the authority be canceled. Staff shall advise the Department when required records are produced prior to the entry of the penalty order.

(3) No mitigation will be considered for a defendant who has not answered the notice of proposed civil penalty or who has not produced the requested records prior to entry of a penalty order.

(4) For purposes of determining mitigation, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 823.029
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0030; MCT 3-1997, f. & cert. ef. 5-9-97

740-300-0030

Violation of ORS 825.100, Relating to Operating Without a Certificate or Permit -- Penalties

Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100 by operating without proper authority, or any rule or order related thereto, in addition to any other penalties authorized by law, shall be subject to the following penalties:

(1) Where operating authority had been issued to carrier, but was suspended at time of violation:

(a) Level I finding of violations(s) apply if no penalty order or cease and desist order has been entered against the defendant within the preceding five years for violations described in this rule and no other notice of proposed civil penalty or notice of proposed finding of violation(s) is pending against the defendant for violations described in this rule. If such violations have been found within the last five years, or a notice of proposed penalty or notice of proposed finding of violation(s) is pending against the defendant for violations described in this rule, penalties will be assessed at Level II. Upon a finding of violation(s) at Level I, the Department will issue an order finding such violation(s).

(b) Level II penalties, except as provided in subsection (c) of this section, apply to a defendant who does not meet the criteria in subsection (a) of this section. The penalties shall include:

(A) $250 for each new violation committed; and

(B) Suspension of operating authority for five working days.

(c) Level III penalties apply to a defendant who has been penalized at Level II within 12 months preceding the violation. The penalties shall include:

(A) $500 for each new violation committed;

(B) Imposition of suspended penalties under prior orders for previous violations of ORS 825.100, unless suspension of prior penalties has become permanent; and

(C) Suspension of operating authority for five working days, or cancellation of authority if warranted by the circumstances of the particular case.

(2) For the purpose of assessing penalties under section (1) of this rule, a carrier commits one violation for each vehicle operated in a given day while authority is suspended.

(3) Where operating authority had been issued to the carrier, but the carrier did not have the proper authority for the transportation conducted, the same conditions and penalties provided in section (1) of this rule shall apply.

(4) For the purpose of assessing penalties under section (3) of this rule, a carrier commits one violation for each movement made without proper operating authority.

(5) For purposes of determining which penalty level is applicable, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.100 & ORS 825.950
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); PUC 12-1995, f. & cert. ef. 11-27-95(Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0060; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0035

Providing Unauthorized Household Goods Transportation

Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100 by providing an unauthorized household goods moving service, is subject to civil monetary penalties in an amount of up to $1,000 per violation, in addition to any other penalties authorized by law.

Stat. Auth.: ORS 825.950 & Ch. 433 OL 2009
Stats. Implemented: ORS 825.100 & 825.950
Hist.: MCTD 9-2003(Temp), f. 12-12-03, cert. ef. 1-1-04 thru 6-28-04; MCTD 3-2004, f. 6-24-04, cert. ef. 6-29-04; MCTD 4-2006, f. & cert. ef. 8-28-06; MCTD 2-2009, f. & cert. ef. 9-29-09

740-300-0040

Violation of ORS Chapter 825 and 826 Not Otherwise Provided For -- General Penalties

(1) Except as otherwise ordered by the Department in a particular case, any person who violates any provision of ORS Chapter 825 or 826, or any rule or order of the Department related thereto which has not otherwise been provided for in the Department's rules, shall be subject to the penalties in sections (3), (4) and (5) of this rule.

(2) As used in this rule, "similar violation" means a violation which is similar to the violation alleged in the notice of proposed civil penalty. For the purpose of determining similarity under this rule, violations shall be classified as those relating to:

(a) Registration of vehicles;

(b) Oregon Weight Receipt and Tax Identifiers or other authorized identification devices;

(c) Economic regulation of transportation of passengers and household goods, except rates;

(d) Rates for the transportation of passengers and household goods; or

(e) Violations of a statute or rule not included in subsections (a) through (d) of this section.

(3) Level I finding of violation(s) apply if no penalty order, cease and desist order or finding of violation(s) has been entered against the defendant within the preceding five years for similar violations of statutes and rules described in this section and no other notice of proposed civil penalty or notice of proposed finding of violation(s) is pending against the defendant for similar violations. If such violations have been found within the last five years, or a notice of proposed penalty or notice of proposed finding of violation(s) is pending against the defendant for violations described in this rule, penalties will be assessed at Level II. Upon a finding of violation(s) at Level I, the Department will issue an order finding such violation(s).

(4) Level II penalties, except as provided in section (5) of this rule, apply to a defendant who does not meet the criteria in section (3) of this rule. The penalties shall include:

(a) $100 for each new violation committed; and

(b) Suspension of operating authority for five working days.

(5) Level III penalties apply to a defendant who has been penalized for similar violations at Level II within12 months preceding the violation. The penalties shall include:

(a) $100 for each new violation committed;

(b) Imposition of penalties suspended under prior orders for similar violations, unless suspensions have become permanent; and

(c) Suspension of operating authority for five working days, or cancellation of authority if warranted by the circumstances of the particular case, for violation of ORS Chapter 825 or 826.

(6) Unregistered Vehicles: For the purpose of assessing penalties for violations of ORS 826.031, a defendant will be deemed to have committed one violation for each unregistered vehicle operated in a given month.

(7) Vehicles Operated Without Oregon Weight Receipt and Tax Identifier or other Authorized Identification: For the purpose of assessing penalties for violations of ORS 825.450 or 825.470, a defendant will be deemed to have committed:

(a) One violation per day for each vehicle operated without an Oregon Weight Receipt and Tax Identifier or valid temporary pass; or

(b) One violation per vehicle for each vehicle operated with an expired (non-renewed) Oregon Weight Receipt and Tax Identifier.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 818.210, ORS 818.230, ORS 825.104, ORS 825.110, ORS 825.160, ORS 825.166, ORS 825.204, ORS 825.206, ORS 825.224, ORS 825.234, ORS 825.320, ORS 825.470, ORS 825.950 & ORS 826.031
Hist.: PUC 12-1995, f. & cert. ef. 11-27-95 (Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0065; MCT 3-1997, f. & cert. ef. 5-9-97; MCT 8-1997, f. & cert. ef. 11-17-97; MCT 11-1997, f. & cert. ef. 12-22-97; MCTB 5-1998, f. & cert. ef. 11-18-98; MCTB 4-2001, f. & cert. ef. 11-9-01; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02

740-300-0045

Violation of ORS Chapter 818 – General Penalties

(1) Except as otherwise ordered by the Department in a particular case, any person who violates or aids and abets a violation of any provision of ORS chapter 818, or any rule or order of the Department related thereto which has not otherwise been provided for in the Department's rules, shall be subject to the penalties in sections (2), (3) and (4) of this rule.

(2) Level I penalties are $100 for each new violation if:

(a) No penalty order or cease and desist order has been entered against the defendant within the preceding five years for similar violations of statutes and rules described in this section; and

(b) No other notice of proposed civil penalty is pending against the defendant for similar violations.

(3) Level II penalties, except as provided in section (4) of this rule, apply to a defendant who does not meet the criteria in subsections (2)(a) and (b) of this rule. The penalties shall include:

(a) $100 for each new violation committed;

(b) Imposition of penalties suspended under prior orders for similar violations, unless suspensions have been permanent by the terms of the order; and

(c) Suspension of ability to operate under variance permit for five working days if warranted by the circumstances of the particular case.

(4) Level III penalties apply to a defendant who has been penalized for similar violations at Level II within one year preceding the violation. The penalties shall include:

(a) $100 for each new violation committed;

(b) Imposition of penalties suspended under prior orders for similar violations; and

(c) Suspension or cancellation of ability to operate under variance permit if warranted by the circumstances of the particular case.

Stat. Auth.: ORS 823.011 & 825.232

Stat. Implemented: ORS 818.220, 818.450 & 825.950
Hist.: MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0050

Mitigation for Violations Described in OAR 740-300-0030 and 740-300-0040

A petitioner who has admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0030, 740-300-0040 or 740-300-0045, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of service of a penalty order, may be eligible for mitigation of penalties. Except as otherwise ordered by the Department in a particular case, and except as provided in section (4) of this rule, the mitigation policy set forth in sections (1), (2) and (3) of this rule shall apply to any person who incurs a penalty under OAR 740-300-0030, 740-300-0040 or 740-300-0045 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department:

(1) Level I Penalties: The Department shall suspend 50 percent of the monetary penalty assessed or requested under OAR 740-300-0045 for each violation at Level I on the condition that petitioner must not violate similar statutes or regulations within one year from the date of the penalty order.

(2) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested.

(3) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis.

(4) The Department shall consider the history of violations by the petitioner and the number of violations charged in determining whether the mitigation guidelines in sections (1), (2) and (3) of this rule are appropriate. There shall be no mitigation in the following cases:

(a) Where the petitioner provided false information to the Department staff about the nature of its operations;

(b) Where the petitioner willfully evaded or attempted to evade compliance, such as registration at a port of entry; or

(c) Where the petitioner has failed to pay previously assessed penalties.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.950
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); PUC 12-1995, f. & cert. ef. 11-27-95 (Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0070; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0060

Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) — General Penalties

Except as otherwise ordered by the Department in a particular case, any person who violates a provision of ORS 825.210, 825.250, 825.252, 825.254, 825.410, and related rules, in addition to any other penalties authorized by law will be subject to penalties in sections (2), (3) and (4) of this rule.

(1) As used in this rule, “similar violation” means a violation that is similar to the violation alleged in the notice of proposed civil penalty. For the purpose of determining similarity, violations will be classified as those relating to:

(a) Driver qualifications;

(b) Driver hours of service;

(c) Vehicle maintenance;

(d) Drug and alcohol testing or use; and

(e) Records and reports not included in subsections (a), (b), (c) or (d) of this section.

(2) Level I finding of violation(s) apply if no penalty order, cease and desist order or finding of violation(s) has been entered against the defendant within the preceding five years for violations of statutes or rules described in this rule. If such violations have been found within the last five years or a cease and desist order has been issued, the penalties will be assessed at Level II. At Level I, the Department will issue an order finding such violation(s).

(3) Level II penalties, except as provided in section (4) of this rule apply to a defendant who does not meet the criteria in section (2) of this rule.

(a) Level II penalties for all safety violations other than those specified in ORS 825.955(1)(c) are $100 per violation;

(b) Level II penalties for each violation specified in ORS 825.955(1)(c) related to drug and alcohol testing are $500 per violation; and

(c) Penalties assessed under subsections (a) and (b) of this section include suspension of operating authority for five working days.

(4) Level III penalties apply to a defendant who has been penalized at Level II within the 12 months preceding the violation.

(a) Level III penalties for all safety violations other than those specified in ORS 825.955(1)(c) are $100 per violation;

(b) Level III penalties for each violation specified in ORS 825.955(1)(c) related to drug and alcohol testing are $1,000 per violation;

(c) Penalties assessed under subsections (a) and (b) of this section include imposition of suspended penalties under prior orders for similar violations, unless suspensions have become permanent; and

(d) Suspension of operating authority for five working days or cancellation of authority, if warranted by the circumstances of the particular case.

(5) For purposes of determining which penalty level is applicable, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.232
Stats. Implemented: ORS 825.250, 825.410, 825.950 & 825.955
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); PUC 6-1994, f. & cert. ef. 3-28-94 (Order No. 94-525); PUC 12-1995, f. & cert. ef. 11-27-95 (Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0040; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 1-2001, f. & cert. ef. 1-17-01; MCTB 4-2001, f. & cert. ef. 11-9-01; MCTD 3-2012, f. & cert. ef. 3-26-12

740-300-0070

Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) -- General Mitigation

A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties under OAR 740-300-0060, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of service of a penalty order, may be eligible for mitigation of penalties. Except as otherwise ordered by the Department in a particular case, the mitigation policy set forth in sections (1) and (2) of this rule shall apply to any person who incurs a penalty under OAR 740-300-0060 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department.

(1) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested.

(2) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.950
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); PUC 12-1995, f. & cert. ef. 11-27-95 (Order No. 95-1218); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0050; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0090

Violation of Rules -- Civil Penalties Under ORS 825.258

(1) Any person who transports or who causes to be transported, a hazardous material, as defined in OAR 740-110-0020, who violates a rule of the Department adopted under ORS 825.258, shall be subject to the penalties in section (5) of this rule.

(2) As used in this rule, the following definitions apply:

(a) "Similar violation" means a violation similar to a violation that was documented either by a five-day corrective notice or an order issued by the Department of Transportation;

(b) "Hazardous materials" means a hazardous substance as defined by OAR 740-110-0020(1); and

(c) "Audit" means a Safety Compliance Review at the transporter's place of business, or other investigation or inspection to determine compliance with rules adopted under ORS 825.258.

(3) Staff Guidelines for Monetary Penalties: Penalties requested by staff in a notice of proposed civil penalty shall be guided by application of the Hazardous Materials Penalty Matrix contained in OAR 740-300-0100. The guidelines of the matrix shall be applied to each violation separately. A copy of the penalty matrix worksheet shall be attached to each notice showing the calculation of the penalty and the value assigned to each violation. The worksheet shall indicate the values assigned to each rule violation in a manner which will allow the Department to adjust the total points to eliminate the effect of an alleged violation found not to have been committed.

(4) Evidence Relating to Application of Matrix: The Department shall not accept evidence with respect to the weighting by staff of rules violations unless the evidence shows that staff have not applied the guidelines in good faith.

(5) Monetary penalties shall be determined by the Echelon value resulting from the point values applied in the Hazardous Materials Matrix contained in OAR 740-300-0100 as follows:

(a) Echelon I violations equal $250 per violation to a maximum of $2,500;

(b) Echelon II violations equal $500 per violation to a maximum of $5,000;

(c) Echelon III violations equal $1,000 per violation to a maximum of $10,000; and

(d) Echelon IV violations equal $10,000 per violation with no maximum.

(6) Upon a finding of violation(s) at Level I, the Department will issue an order finding such violation(s).

(7) Level II: If within the five years preceding the violation, the defendant has been found by order of the Department in violation of rules in the same group, or has received a cease and desist order or order finding violations occurred with respect thereto, penalties will be assessed at Level II. In addition to monetary penalties, the Department shall suspend the operating authority of the transporter for five working days.

(8) Level III: For a defendant who has been penalized at Level II within the 12 months preceding the violation, in addition to monetary penalties, the Department will impose any penalties suspended under prior orders, except suspensions of penalties which have become permanent and shall suspend for an additional five days any operating authority of the transporter or cancel such authority if justified by the circumstances of the particular case.

(9) For purposes of determining which penalty level is applicable, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest.

(10) A person who causes to be transported a hazardous substance as defined in OAR 740-110-0020(3) shall have five business days from the date of written notice of violation(s), by the Department of Transportation, to correct the violation(s) without being subject to penalties under this rule except when:

(a) The person has committed similar violations as defined in subsection (2)(a) of this rule within the previous five years; or

(b) As determined by the Department of Transportation, the violation could or does cause substantial harm to human health or the environment.

Stat. Auth.: ORS 823.011 & ORS 825.258
Stats. Implemented: ORS 823.061, ORS 823.063 & ORS 825.258
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0090; MCT 5-1996, f. & cert. ef. 9-17-96; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0100

Hazardous Materials Penalty Matrix

(1) The guidelines in sections (2) and (3) of this rule shall be applied by staff when determining the monetary penalties to be requested for violations of rules adopted under ORS 825.258, relating to hazardous materials.

(2) Categories within the Hazardous Materials Matrix:

(a) "Potential for Harm" establishes the potential of a violation to cause or contribute to a hazardous materials incident or to hamper emergency response efforts in the event of an incident. The factors contained within this category are:

(A) Recordkeeping (not including shipping documents);

(B) Driving/Transportation (including shipping documents);

(C) Safety/Equipment (includes packaging);

(D) Time/Mileage (extent of exposure);

(E) Location (population/water, etc.); and

(F) Potential Harm.

(b) "Severity of Harm" is considered when there has been an incident involving a hazardous material. The factors contained within this category are:

(A) Road and Traffic;

(B) Environment; and

(C) Life and Limb.

(c) "Culpability" establishes the state of mind of the person or persons responsible for the violation. The factors contained within this category are:

(A) Premeditation;

(B) Willful Disregard;

(C) Negligence;

(D) Inadvertence; and

(E) Role of Responsible Person.

(3) Point values shall be assigned to one or more of the three categories depending on the violation. The Echelon value for each category shall be determined by the sum of the points assigned to each factor within the category:

(a) "Potential for Harm." Values for this category range from 0 to 44 points:

(A) 1–9 points equals Echelon I;

(B) 10–18 points equals Echelon II;

(C) 19–27 points equals Echelon III; and

(D) 28 or more points equals Echelon IV.

(b) "Severity of Harm." Values for this category range from 0 to 21 points:

(A) 1–7 points equals Echelon III; and

(B) 8 or more points equals Echelon IV.

(c) "Culpability." Values for this category range from 0 to 33 points:

(A) 1–5 points equals Echelon I;

(B) 6–14 points equals Echelon II; and

(C) 15 or more points equals Echelon III.

(4) The determination of the penalty amount for each violation shall be determined by the highest Echelon value within the three categories.

(5) The Department shall provide a copy of a worksheet used to determine penalties with the notice to the defendant.

Stat. Auth.: ORS 823.011 & ORS 825.258
Stats. Implemented: ORS 825.258
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0100; MCT 3-1997, f. & cert. ef. 5-9-97

740-300-0110

Violation of Rules Under ORS 825.258 -- Mitigation

A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties imposed under OAR 740-300-0090, and who has requested mitigation within 15 days of service of a penalty order, may be eligible for mitigation of penalties under the guidelines established in sections (1) and (2) of this rule. Except as otherwise ordered by the Department in a particular case, the mitigation policy shall apply to any person who incurs a penalty under OAR 740-300-0090 and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department.

(1) Level II Penalties: There shall be no mitigation of monetary penalties for violations at Level II, but the Department may hold in abeyance any suspension of operating authority which has been imposed or requested.

(2) Level III Penalties: There shall be no mitigation allowed with respect to penalties imposed or requested that were imposed and suspended under prior orders, nor shall mitigation be allowed with respect to monetary penalties imposed or requested at Level III. However, the Department may hold in abeyance any new suspension of operating authority which has been imposed or requested at Level III. Where the Department has ordered cancellation of authority, it will consider mitigation of such order on a case-by-case basis.

Stat. Auth.: ORS 823.011 & ORS 825.258
Stats. Implemented: ORS 825.258
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0110; MCT 3-1997, f. & cert. ef. 5-9-97; MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0120

Violations Specified in ORS 825.955 and ORS 825.960, Relating to Out-Of-Service Notices and Driver Equipment Compliance Check Forms -- Penalties

Except as otherwise ordered by the Department in a particular case, any person who commits the violations specified in ORS 825.955 or 825.960 related to Out-Of-Service notices and driver equipment compliance check forms, in addition to any penalties otherwise provided by law, shall be subject to the following penalties:

(1) For a defendant who has no previous history of violations, upon a finding of violation(s), the Department will issue an order finding such violations.

(2) For a motor carrier who, within the 12 months preceding the violation has been found by order of the Department in violation of such statute:

(a) $1,000 for each new violation specified in ORS 825.955 and $10,000 for each new violation specified in ORS 825.960 committed; and

(b) Suspension of operating authority for five working days.

(3) For purposes of determining the applicable penalty level, a corporate carrier will not be held responsible for orders entered against it while under a different controlling interest.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.955 & ORS 825.960
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-61-120; MCT 3-1997, f. & cert. ef. 5-9-97; MCT 12-1997, f. & cert. ef. 12-22-97; MCTB 5-1998, f. & cert. ef. 11-18-98; MCTB 1-2001, f. & cert. ef. 1-17-01; MCTB 4-2001, f. & cert. ef. 11-9-01

740-300-0130

Violations Specified in ORS 825.955 and ORS 825.960 -- Mitigation

(1) A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties imposed under OAR 740-300-0120(2), or who has requested mitigation under ORS 825.955(4)(b) within 15 days of service of a penalty order, and who has taken corrective action to remedy the violation(s) and otherwise is in substantial compliance with the laws and rules of the Department may be eligible for mitigation of penalties. The Department may suspend the five-day suspension of operating authority for a penalty imposed under OAR 740-300-0120, relating to failure to return a Driver Equipment Compliance Check form.

(2) There shall be no mitigation for a penalty imposed under OAR 740-300-0120 relating to violation of provisions of an Out-Of-Service notice or relating to false certification.

Stat. Auth.: ORS 823.011 & 825.232
Stats. Implemented: ORS 825.955
Hist.: PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0130; MCT 3-1997, f. & cert. ef. 5-9-97; MCT 12-1997, f. & cert. ef. 12-22-97; MCTB 5-1998, f. & cert. ef. 11-17-98; MCTB 1-2001, f. & cert. ef. 1-17-01; MCTB 4-2001, f. & cert. ef. 11-9-01

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