Chapter 898
AN ACT
SB 1049
Relating to civil penalties imposed by Board
of Boiler Rules; creating new provisions; and amending ORS 455.895 and 480.670.
Be It Enacted by the People of
the State of
SECTION 1. ORS 455.895 is amended to read:
455.895. (1)(a) The State Plumbing Board may impose a civil penalty
against a person as provided under ORS 447.992 and 693.992. Amounts recovered
under this paragraph are subject to ORS 693.165.
(b) The Electrical and
Elevator Board may impose a civil penalty against a person as provided under
ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.
(c) The Board of Boiler
Rules may impose a civil penalty against a person as provided under ORS
480.670. Amounts recovered under this paragraph [shall be deposited to the General Fund] are subject to ORS
480.670.
(2) The Director of the
Department of Consumer and Business Services, in consultation with the
appropriate board, if any, may impose a civil penalty against any person who
violates any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950
and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693, or
any rule adopted or order issued for the administration
and enforcement of those provisions. Except as provided in subsections (3) and
(8) of this section or ORS 446.995, a civil penalty imposed under this section
must be in an amount determined by the appropriate board or the director of not
more than $5,000 for each offense or, in the case of a continuing offense, not
more than $1,000 for each day of the offense.
(3) Each violation of
ORS 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued
thereunder, constitutes a separate violation with respect to each manufactured
structure or with respect to each failure or refusal to allow or perform an act
required thereby, except that the maximum civil penalty may not exceed $1
million for any related series of violations occurring within one year from the
date of the first violation.
(4) The maximum penalty
established by this section for a violation may be imposed only upon a finding
that the person has engaged in a pattern of violations. The Department of
Consumer and Business Services, by rule, shall define what constitutes a
pattern of violations. Except as provided in subsections (1) and (9) of this
section, moneys received from any civil penalty under this section are
appropriated continuously for and shall be used by the director for enforcement
and administration of provisions and rules described in subsection (2) of this
section.
(5) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(6) A civil penalty
imposed under this section may be remitted or reduced upon such terms and
conditions as the director or the appropriate board considers proper and
consistent with the public health and safety. In any judicial review of a civil
penalty imposed under this section, the court may, in its discretion, reduce
the penalty.
(7) Any officer,
director, shareholder or agent of a corporation, or member or agent of a
partnership or association, who personally participates in or is an accessory
to any violation by the partnership, association or corporation of a provision
or rule described in subsection (2) of this section is subject to the penalties
prescribed in this section.
(8) In addition to the
civil penalty set forth in subsection (1) or (2) of this section, any person
who violates a provision or rule described in subsection (2) of this section
may be required by the director or the appropriate board to forfeit and pay to
the General Fund of the State Treasury a civil penalty in an amount determined
by the director or board that shall not exceed five times the amount by which
such person profited in any transaction that violates a provision or rule
described in subsection (2) of this section.
(9) If a civil penalty
is imposed for a violation of a provision of ORS 446.566 to 446.646 and the
violation relates to a filing or failure to file with a county assessor
functioning as agent of the department, the department, after deducting an
amount equal to the department’s procedural, collection and other related costs
and expenses, shall forward one-half of the remaining civil penalty amount to
the county in which the manufactured structure is located at the time of the
violation.
SECTION 2. ORS 480.670 is amended to read:
480.670. The Board of
Boiler Rules may impose a civil penalty for a violation of ORS 480.510 to
480.670 or rules adopted for the administration and enforcement of those
sections. [The board shall impose a civil
penalty authorized by this section as provided in ORS 455.895.] Moneys
received by the Department of Consumer and Business Services or the board from
civil penalties imposed under this section or ORS 455.895 (1)(c) shall be
deposited to the Consumer and Business Services Fund created under ORS 705.145
and used only for the administration and enforcement of ORS 480.510 to 480.670
and 480.990 (8).
SECTION 3. The amendments to ORS 455.895 and 480.670 by
sections 1 and 2 of this 2007 Act apply to civil penalty moneys received on or
after July 1, 2008, regardless of the date the Board of Boiler Rules imposed
the civil penalty.
SECTION 4. The amendments to ORS 455.895 and 480.670 by
sections 1 and 2 of this 2007 Act become operative July 1, 2008.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date January 1, 2008
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