(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;
(b) Any prior violations by the person of statutes, rules, orders or authorizations pertaining to the use of state land;
(c) The immediacy and extent to which the violation threatens the public health or safety or the assets of the Common School Fund; and
(d) Any other factors determined by the director to be relevant and consistent with the policies established to implement the provisions of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the protection of the public health and safety and the protection of the assets of the Common School Fund. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [2009 c.341 §3]
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
