(2) Subject to ORS 153.022, unlawful motorized in-stream placer mining is a Class A violation.
(3) Notwithstanding ORS 153.042, an enforcement officer, as defined in ORS 153.005, may issue a citation under subsection (1) of this section when the conduct alleged to constitute a violation has not taken place in the presence of the enforcement officer, if the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation on the basis of information received from an employee of the Department of Environmental Quality. [2017 c.300 §8]
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