Chapter 846 Oregon Laws 1999

Session Law

AN ACT

HB 3580

Relating to violations of construction specialty codes; amending ORS 447.160, 479.830, 480.665 and 693.190.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 447.160 is amended to read:

447.160. The State Plumbing Board, after hearing and any review under ORS 183.310 to 183.550, may impose a civil penalty against any person who violates any provision of ORS 447.010 to 447.160 or any rule adopted thereunder. A civil penalty imposed under this section shall be in an amount determined by the board of not more than [$1,000] $5,000 for each offense. The maximum penalty under this section may be imposed only upon a finding of a pattern of violations. The Department of Consumer and Business Services shall adopt by rule a definition of what constitutes a pattern of violations. All amounts recovered under this section are subject to ORS 693.165. The Attorney General shall bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section.

SECTION 2. ORS 479.830 is amended to read:

479.830. (1) When it appears to the Department of Consumer and Business Services that any person is engaged or about to engage in an act or practice which constitutes a violation of ORS 479.510 to 479.945 or the rules issued thereunder, the department may, without bond, obtain an order from an appropriate circuit court enjoining such act or practice.

(2) The Electrical and Elevator Board may impose a civil penalty against any person who violates any provision of ORS 479.510 to 479.945 or any rule adopted thereunder. A civil penalty imposed under this section shall be in an amount determined by the board of not more than [$1,000] $5,000 for each offense. The maximum penalty under this section may be imposed only upon a finding of a pattern of violations. The department shall adopt by rule a definition of what constitutes a pattern of violations. Moneys received from any civil penalty under this section shall be disposed of according to ORS 479.850. Civil penalties under this section shall be imposed as provided in ORS 183.090.

(3) Notwithstanding ORS 183.090, a person upon whom the board imposes a civil penalty under this section, in lieu of other appeals, may appeal imposition of the penalty to the circuit court for the county in which the person resides by filing a petition for review with that court within 20 days after the person receives notice of imposition of the penalty. The court, upon receipt of the petition, shall set the matter for trial upon 10 days' notice to the board and to the appellant. The trial in the circuit court shall be de novo. The court shall award reasonable attorney fees and costs to the prevailing party in an appeal under this subsection.

SECTION 3. ORS 480.665 is amended to read:

480.665. (1) The Board of Boiler Rules may impose a civil penalty against any person who violates any provision of ORS 480.510 to 480.665 or any rule adopted thereunder. A civil penalty imposed under this section shall be in an amount determined by the board of not more than [$1,000] $5,000 for each offense. The maximum penalty under this section may be imposed only upon a finding of a pattern of violations. The Department of Consumer and Business Services shall adopt by rule a definition of what constitutes a pattern of violations. Civil penalties under this section shall be imposed as provided in ORS 183.090. Notwithstanding ORS 183.090, a person upon whom the board imposes a civil penalty under this section, in lieu of other appeals, may appeal imposition of the penalty to the circuit court for the county in which the person resides by filing a petition for review with that court within 20 days after the person receives notice of imposition of the penalty. The court, upon receipt of the petition, shall set the matter for trial upon 10 days' notice to the board and to the appellant. The trial in the circuit court shall be de novo. The court shall award reasonable attorney fees and costs to the prevailing party in an appeal under this subsection.

(2) All amounts recovered under this section shall be deposited in the General Fund.

SECTION 4. ORS 693.190 is amended to read:

693.190. (1) The State Plumbing Board may impose a civil penalty against any person who violates any provision of this chapter or any rule adopted thereunder. The penalty shall be imposed as provided in ORS 183.090. A civil penalty imposed under this section shall be in an amount determined by the board of not more than [$1,000] $5,000 for each offense. The maximum penalty under this section may be imposed only upon a finding of a pattern of violations. The Department of Consumer and Business Services shall adopt by rule a definition of what constitutes a pattern of violations.

(2) All amounts recovered under this section are subject to ORS 693.165.

(3) The Attorney General shall bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section.

Approved by the Governor July 22, 1999

Filed in the office of Secretary of State July 22, 1999

Effective date October 23, 1999

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