75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2784
 
                         Senate Bill 544
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that person served with notice of imposition of civil
penalty must apply for hearing within 30 days after date of
service, instead of 20 days.
 
                        A BILL FOR AN ACT
Relating to administrative law; amending ORS 183.745.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 183.745 is amended to read:
  183.745. (1) Except as otherwise provided by law, an agency may
only impose a civil penalty as provided in this section.
  (2) A civil penalty imposed under this section shall become due
and payable 10 days after the order imposing the civil penalty
becomes final by operation of law or on appeal. A person against
whom a civil penalty is to be imposed shall be served with a
notice in the form provided in ORS 183.415. Service of the notice
shall be accomplished in the manner provided by ORS 183.415.
  (3)  { + Except as otherwise provided by law, + } the person to
whom the notice is addressed shall have   { - 20 - }  { +  30 + }
days from the date of service of the notice provided for in
subsection (2) of this section in which to make written
application for a hearing. The agency may by rule provide for a
longer period of time in which application for a hearing may be
made. If no application for a hearing is made within the time
allowed, the agency may make a final order imposing the penalty.
A final order entered under this subsection need not be delivered
or mailed to the person against whom the civil penalty is
imposed.
  (4) Any person who makes application as provided for in
subsection (3) of this section shall be entitled to a hearing.
The hearing shall be conducted as a contested case hearing
pursuant to the applicable provisions of ORS 183.413 to 183.470.
  (5) Judicial review of an order made after a hearing under
subsection (4) of this section shall be as provided in ORS
183.480 to 183.497 for judicial review of contested cases.
  (6) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of
penalty is not paid within 10 days after the order becomes final,
the order may be recorded with the county clerk in any county of
this state. The clerk shall thereupon record the name of the
person incurring the penalty and the amount of the penalty in the
County Clerk Lien Record.
  (7) This section does not apply to penalties:
  (a) Imposed under the tax laws of this state;
  (b) Imposed under the provisions of ORS 646.760 or 652.332;
  (c) Imposed under the provisions of ORS chapter 654, 656 or
659A; or
  (d) Imposed by the Public Utility Commission.
  (8) This section creates no new authority in any agency to
impose civil penalties.
  (9) This section does not affect:
  (a) Any right under any other law that an agency may have to
bring an action in a court of this state to recover a civil
penalty; or
  (b) The ability of an agency to collect a properly imposed
civil penalty under the provisions of ORS 305.830.
  (10) The notice provided for in subsection (2) of this section
may be made part of any other notice served by the agency under
ORS 183.415.
  (11) Informal disposition of proceedings under this section,
whether by stipulation, agreed settlement, consent order or
default, may be made at any time.
  (12) In addition to any other remedy provided by law, recording
an order in the County Clerk Lien Record pursuant to the
provisions of this section has the effect provided for in ORS
205.125 and 205.126, and the order may be enforced as provided in
ORS 205.125 and 205.126.
  (13) As used in this section:
  (a) 'Agency' has that meaning given in ORS 183.310.
  (b) 'Civil penalty' includes only those monetary penalties that
are specifically denominated as civil penalties by statute.
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