Chapter 214
AN ACT
HB 3043
Relating to forests; amending ORS 527.685 and
527.687.
Be It Enacted by the People of
the State of
SECTION 1. ORS 527.685 is amended to read:
527.685. (1) The State
Board of Forestry shall by rule establish the amount of civil penalty that may
be imposed for a particular violation. Except as provided in subsection (5)
of this section, no civil penalty shall exceed $5,000 per violation.
(2) In imposing a
penalty authorized by this section, the State Forester may consider the
following factors:
(a) The past history of
the person incurring a penalty in taking all feasible steps or procedures
necessary or appropriate to correct any violation.
(b) Any prior violations
of statutes, rules, orders and permits pertaining to the Oregon Forest
Practices Act.
(c) The gravity and
magnitude of the violation.
(d) Whether the
violation was repeated or continuous.
(e) Whether the cause of
the violation was an unavoidable accident, negligence or an intentional act.
(f) The size and type of
ownership of the operation.
(g) Any relevant rule of
the board.
(h) The violator’s
cooperativeness and efforts to correct the violation.
(3) The penalty imposed
under this section may be remitted or mitigated upon such terms and conditions
as the board determines to be proper and consistent with the public benefit.
Upon the request of the person incurring the penalty, the board shall consider
evidence of the economic and financial condition of the person in determining
whether a penalty shall be remitted or mitigated.
(4) The board, by rule,
may delegate to the State Forester upon such conditions as deemed necessary,
all or part of the authority of the board provided in subsection (3) of this
section to assess, remit or mitigate civil penalties.
(5) For a violation
of ORS 527.745, or rules for reforestation adopted pursuant to ORS 527.745, the
State Forester may impose a civil penalty in an amount equal to the estimated
cost of reforesting lands pursuant to ORS 527.690.
SECTION 2. ORS 527.687 is amended to read:
527.687. (1) Subject to
the notice provisions of ORS 527.683, any civil penalty under ORS 527.992 shall
be imposed in the manner provided in ORS 183.745.
(2) In no case shall a
hearing requested under ORS 183.745 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.
(4) Except as
provided in subsection (5) of this section, all civil penalties recovered
under ORS 527.610 to 527.770, 527.990 and 527.992 shall be paid to the General
Fund.
(5) Civil penalties
recovered under ORS 527.685 (5) shall be deposited in the State Forestry
Department Account under ORS 526.060 and used, consistently with ORS 527.690,
by the State Forester to reforest the land that is the subject of a violation
of ORS 527.745 or rules for reforestation adopted pursuant to ORS 527.745.
Civil penalties described in this subsection that exceed the costs of
reforestation shall be paid to the General Fund.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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