(1) Each employee of the Department of Transportation
who performs functions concerning economic regulation of motor carriers
shall file with the department a statement regarding holdings of the
employee and the holdings of the employee’s spouse and minor children of
any pecuniary interest in any business or activity subject to the
department’s economic regulation of motor carriers. Supplementary
statements shall be filed as such pecuniary interests are acquired or
divested. The statements shall be in such form as the department
prescribes. If the department determines that an employee or spouse or
minor child of the employee holds any such pecuniary interest that may
interfere with the impartial discharge of the employee’s duties, the
department shall order divestiture of the interest.
(2) The department shall determine by rule what constitutes a
function concerning economic regulation of motor carriers for purposes of
this section.
(3) Nothing in subsections (1) and (2) of this section is intended
to authorize any act otherwise prohibited by law. [1995 c.733 §§12,14](1) In addition to the powers and duties now or hereafter
transferred to or vested in the Department of Transportation, the
department shall represent the customers of any motor carrier or
railroad, and the public generally, in all controversies respecting
rates, valuations, service and all matters of which the department has
jurisdiction regarding motor carriers and railroads. In respect thereof,
the department shall make use of its jurisdiction and powers to protect
such customers, and the public generally, from unjust and unreasonable
exactions and practices and to obtain for them adequate service at fair
and reasonable rates.
(2) The department is vested with power and jurisdiction to
supervise and regulate every motor carrier and railroad in this state,
and to do all things necessary and convenient in the exercise of such
power and jurisdiction.
(3) The department may participate in any proceeding before any
public officer, commission or body of the United States or any state or
other jurisdiction for the purpose of representing the public generally
and the customers of the services of any motor carrier or railroad
operating or providing service to or within this state.
(4) The department may make joint investigations, hold joint
hearings within or without this state and issue concurrent orders in
conjunction or concurrence with any official, board, commission or agency
of any state or of the United States. [1995 c.733 §15; 1997 c.275 §9] The Department of Transportation
may adopt and amend reasonable and proper rules and regulations relative
to all statutes regarding motor carriers and railroads administered by
the department and may adopt and publish reasonable and proper rules to
govern proceedings and to regulate the mode and manner of all
investigations of motor carriers and railroads subject to regulation by
the department. [1995 c.733 §16] (1) If the Director of
Transportation determines that an emergency, as defined in ORS 401.025,
has occurred or is imminent, the director may suspend operation of one or
more of the following statutes involving motor carriers for the purpose
of expediting the movement of persons or property:
(a) ORS 818.400, compliance with commercial vehicle enforcement
requirements related to commercial vehicle weight, size, load,
conformation or equipment.
(b) ORS 825.100, certificate or permit requirement for commercial
transportation of persons or property.
(c) ORS 825.104, permit requirement for for-hire or private carrier
engaged in interstate operations.
(d) ORS 825.160, requirement for person operating as motor carrier
to have policy of public liability and property damage.
(e) ORS 825.162, requirement for person operating as for-hire
carrier of freight or express to have cargo insurance.
(f) ORS 825.250, requirement to stop and submit to an inspection of
the driver, the cargo or the vehicle or combination of vehicles.
(g) ORS 825.252, safety regulations for for-hire and private
carriers.
(h) ORS 825.258, rules for transportation of hazardous waste,
hazardous material and PCB.
(i) ORS 825.450, weight receipts issued by Department of
Transportation for motor vehicles subject to weight-mile tax.
(j) ORS 825.470, temporary pass for single trip or short-time
operation of vehicle.
(k) ORS 825.474, assessment of tax for use of highways.
(L) ORS 826.031, registration of certain vehicles not already
registered with state.
(2) A suspension under this section may occur prior to a
declaration of a state of emergency under ORS 401.055, but may not exceed
72 hours unless a state of emergency is declared under ORS 401.055. If a
state of emergency is declared under ORS 401.055, the suspension shall
last until the state of emergency is terminated as provided under ORS
401.105.
(3) The director may designate by rule a line of succession of
deputy directors or other employees of the department who may suspend
operations of statutes under this section in the event the director is
not available. Any suspension by a person designated by the director
under this subsection has the same force and effect as if issued by the
director, except that, if the director can be reached, the suspension
must be affirmed by the director when the director is reached. If the
director does not set aside a suspension within 24 hours of being
reached, the suspension shall be considered affirmed by the director.
[2005 c.172 §2]Note: 823.012 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 823 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation.(1) A substantial compliance with the
requirements of the laws administered by the Department of Transportation
regarding motor carriers and railroads is sufficient to give effect to
all the rules, orders, acts and regulations of the department and they
shall not be declared inoperative, illegal or void for any omission of a
technical nature in respect thereto.
(2) The provisions of such laws shall be liberally construed with a
view to the public welfare, efficient facilities and substantial justice
between customers and motor carriers or railroads. [1995 c.733 §17] The service or
delivery of any notice, order, form or other document or legal process
required to be made by the Department of Transportation in connection
with any statute governing motor carriers or railroads may be made by
mail. If by mail, service or delivery is made when the required material
is deposited in the post office, in a sealed envelope with postage paid,
addressed to the person on whom it is to be served or delivered, at the
address as it last appears in the records of the department. [1995 c.733
§18]INVESTIGATIONS, HEARINGS, RULINGS The Department of
Transportation may inquire into the management of the business of all
motor carriers and railroads, and shall keep informed as to the manner
and method in which the business is conducted. The department has the
right to obtain from any motor carrier or railroad all necessary
information to enable the department to perform its duties related to
motor carriers and railroads. [1995 c.733 §19](1) The Department of
Transportation or authorized representatives may enter upon any premises,
or any equipment, rolling stock or facilities operated or occupied by any
motor carrier or railroad for the purpose of making any inspection,
examination or test reasonably required in the administration of ORS
chapters 823, 824, 825 and 826, and to set up and use on such premises,
equipment, rolling stock or facilities any apparatus or appliance and
occupy reasonable space therefor.
(2) The department or authorized representatives shall, upon
demand, have the right to inspect the books, accounts, papers, records
and memoranda of any motor carrier or railroad and to examine under oath
any officer, agent or employee of such motor carrier or railroad in
relation to its business and affairs.
(3) Any person who on behalf of the department makes demand of a
motor carrier or railroad for an examination, inspection or test shall,
upon request therefor, produce a certificate under the seal of the
department showing authority to make such examination, inspection or test.
(4) The department or authorized representatives shall, upon
demand, have the right to enter any premises of a business that the
department has reasonable cause to believe tendered for shipment, by
motor or rail, any hazardous material and to make any examination,
inspection or test reasonably required to determine compliance with the
health and safety regulations administered or enforced by the department.
Any person, who on behalf of the department demands to make an
examination, inspection or test, shall produce upon request a certificate
under the seal of the department showing authority to make the
examination, inspection or test.
(5) Nothing in this section authorizes the department to use any
information developed thereunder for any purpose inconsistent with any
statute governing motor carriers or railroads and administered by the
department or to make a disclosure thereof for other than regulatory
purposes. [1995 c.733 §20; 1995 c.737 §11; 1997 c.249 §237](1) The Department of Transportation
may require by rule, or by order or subpoena to be served on any motor
carrier or railroad, the maintaining within this state or the production
within this state at such time and place as the department may designate,
of any books, accounts, papers or records kept by such motor carrier or
railroad in any office or place within or without this state, or verified
copies in lieu thereof, if the department so orders, in order that an
examination thereof may be made by the department or under direction of
the department.
(2) When a motor carrier or railroad keeps and maintains its books,
accounts, papers or records outside the state, the department may examine
such documents and shall be reimbursed by the motor carrier or railroad
for all expenses incurred in making such out-of-state examination. [1995
c.733 §21] (1) Every motor
carrier and railroad shall furnish to the Department of Transportation
all information required by the department to carry into effect the
provisions of ORS chapters 823, 824, 825 and 826 and shall make specific
answers to all questions submitted by the department.
(2) If a motor carrier or railroad is unable to furnish any
information required under subsection (1) of this section for any reason
beyond its control, it is a good and sufficient reason for such failure.
The answer or information shall be verified under oath and returned to
the department at the department’s office within the period fixed by the
department. [1995 c.733 §22; 1997 c.249 §238] No officer, agent
or employee of any motor carrier or railroad shall:
(1) Fail or refuse to provide any information or document required
by the Department of Transportation;
(2) Fail or refuse to answer any question therein propounded;
(3) Knowingly or willfully give a false answer to any such question
or evade the answer to any such question where the fact inquired of is
within the person’s knowledge;
(4) Upon proper demand, fail or refuse to exhibit to the department
or any person authorized to examine the same, any book, paper, account,
record or memorandum of the motor carrier or railroad that is in
possession or under the control of the person;
(5) Fail to properly use and keep a system of accounting or any
part thereof, as prescribed by the department; or
(6) Refuse to do any act or thing in connection with such system of
accounting when so directed by the department or authorized
representative. [1995 c.733 §23] (1) The
Department of Transportation may investigate any complaint filed against
a person whose business or activities are regulated by one or more of the
statutes regarding motor carriers or railroads, jurisdiction for the
enforcement or regulation of which is conferred upon the department.
(2) Any hearing held as a result of a complaint or investigation
under subsection (1) of this section shall be a contested case hearing,
in the manner provided in ORS 183.413 to 183.497. [1995 c.733 §§35,36](1) Whenever the Department of
Transportation believes that any rate subject to regulation by the
department may be unreasonable or unjustly discriminatory, or that any
service subject to regulation by the department is unsafe or inadequate,
or is not afforded, or that an investigation of any matter relating to
any motor carrier, railroad or other person should be made, or relating
to any person to determine if such person is subject to the department’s
regulatory jurisdiction, the department may on its own motion summarily
investigate any such matter, with or without notice.
(2) The department may, after making an investigation on the
department’s motion, provide notice to the motor carrier, railroad or
other person of the department’s proposed action or may, without notice
or hearing, make such findings and orders as the department deems
justified or required by the results of such investigation.
(3) Any party aggrieved by a notice of proposed action or by an
order entered pursuant to subsection (2) of this section may request the
department to hold a hearing pursuant to ORS 183.413 to 183.497.
(4) An order issued under this section prior to a hearing shall be
stayed pending the outcome of the hearing unless the department finds
that the order is necessary to protect the public health, safety or
environment. [1995 c.733 §37; 1997 c.275 §10] (1) Notwithstanding ORS
9.320 and 823.031 (2), an individual who is not an attorney may represent
that individual or other persons who consent to such representation at
any proceeding before the Department of Transportation involving the
regulation of transportation matters pursuant to ORS chapter 825.
(2) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is
not an attorney may represent that individual or labor organizations,
railroads, motor carriers or government agencies who consent to such
representation in any proceeding before the department involving the
regulation of transportation matters pursuant to ORS 824.020 to 824.042,
824.050 to 824.110 and 824.200 to 824.256.
(3) Any compromises, agreements, admissions, stipulations,
statements of fact or other such action taken by the representative at
any such proceeding is binding on those represented to the same extent as
if done by an attorney. A person so represented may not thereafter claim
that any such proceeding was legally defective because the person was not
represented by an attorney.
(4) As used in this section, “attorney” has the meaning for that
term provided in ORS 9.005. [1995 c.733 §36a] On petition of any interested person,
the Department of Transportation may issue a declaratory ruling with
respect to the applicability to any person, property, or state of facts
of any rule or statute regarding motor carriers or railroads that is
enforceable by the department. A declaratory ruling is binding between
the department and the petitioner on the state of facts alleged, unless
it is modified, vacated or set aside by the Court of Appeals. However,
the department may review the ruling and modify, vacate or set it aside
if requested by the petitioner or other party to the proceeding. Binding
rulings provided by this section are subject to review in the Court of
Appeals in the manner provided in ORS 183.480 for the review of orders in
contested cases. [1995 c.733 §34]DESTRUCTION OF EQUIPMENT No person shall
destroy, injure or interfere with any apparatus or appliance owned or
operated by or in charge of the Department of Transportation, or any
apparatus or appliance sealed by the department. [1995 c.733 §24]HAZARDOUS MATERIALS GENERALLYThe federal hazardous material safety regulations adopted,
implemented or enforced by the Department of Transportation shall be
applicable to any person who transports, or causes to be transported, by
motor or rail, a hazardous material. The department shall define
hazardous material by rule. The definition shall be consistent with
federal definitions of the term. [1995 c.737 §10](1) The Department of Transportation may not impose penalties
specified in ORS chapters 823, 824, 825 and 826, against a person who
causes hazardous materials to be transported unless the person has
received prior written notice of the violation and five days to correct
the violation.
(2) No prior written notice or five-day correction period shall be
required under subsection (1) of this section for:
(a) Subsequent violations of a like nature occurring within five
years of the violation for which the person received notice.
(b) Any violation that causes substantial harm to human health or
the environment. [1995 c.737 §15]AGENCY ABANDONMENT As used in ORS
823.073 and 823.075, the following terms have the following meanings:
(1) “Agency” means any place provided by a for-hire carrier for the
accommodation of the public in the receipt, delivery, billing or routing
of freight, or in the loading or discharge of passengers, at which an
agent is provided to serve the public.
(2) “Agent” means the person in charge of the transaction of
business with the public at any station or agency.
(3) “Common carrier” means any railroad as defined in ORS 824.020,
and any for-hire carrier by motor vehicle as defined in ORS 825.005 if
the carrier transports persons. [Formerly 756.380]No common carrier shall abandon any of
its agencies, or withdraw the agent therefrom, without the prior written
authority of the Department of Transportation. If the primary business of
the agent or agency is not that of a common carrier, the loss of the use
of such agent or agency without the fault of the carrier shall not be
considered a violation of this section, provided that the carrier shall
give to the department notice of such loss immediately upon being
informed thereof and secure another agent or agency within a reasonable
period of time. [Formerly 756.385](1) Any common carrier may petition the Department of
Transportation for authority to abandon any agency or to withdraw the
agent from an agency.
(2) Upon receipt of a petition to abandon or withdraw under this
section, the department shall give written notice of the petition to all
known current customers of such agency. If the petition requests
authority to abandon or withdraw any agency or agent involved in
transportation services using motor buses, the department shall provide
notice of the petition for authority and of rights to protest by
publication in addition to any written notice required by this
subsection. When notice by publication is required under this subsection,
such notice must be published in a newspaper of general circulation in
the county where the affected agency is located.
(3) If any customer files with the department a written protest to
the abandonment of the agency or the withdrawal of the agent therefrom
within 30 days from the date written notice is given, the department
shall schedule a hearing to be held within 30 days from the filing of
such protest. If notice by publication is required under subsection (2)
of this section then protest may be filed, as provided under this
subsection, within 30 days after the written notice or published notice,
whichever is later.
(4) If a hearing is provided under this section, the hearing shall
be held at some convenient place in the county in which such agency is
located.
(5) Where a common carrier seeks to move the location of its agent
or agency from one point within a city to another point within such city
the department may approve such move without a hearing. [Formerly 756.390]ENFORCEMENT AND REMEDIES (1) The
Department of Transportation shall inquire into any neglect or violation
of any law of this state, or any law or ordinance of any municipality
thereof, relating to motor carriers or railroads by any motor carrier or
railroad doing business therein, its officers, agents or employees and
shall enforce all laws of this state relating to motor carriers and
railroads and may enforce all such laws and ordinances of a municipality.
The department shall report all violations of any such laws or ordinances
to the Attorney General.
(2) The Attorney General, district attorney of each county, and all
state, county and city police officers shall assist the department in the
administration and enforcement of all laws related to motor carriers and
railroads administered by the department, and they, as well as assistants
and employees of the department, shall inform against and diligently
prosecute all persons whom they have reasonable cause to believe guilty
of the violation of any such laws or of the rules, regulations, orders,
decisions or requirements of the department made pursuant thereto.
(3) Upon the request of the department, the Attorney General or the
district attorney of the proper county shall aid in any investigation,
hearing or trial, and shall institute and prosecute all necessary suits,
actions or proceedings for the enforcement of those laws and ordinances
referred to in subsection (1) of this section.
(4) Any forfeiture or penalty provided for in any law regarding
motor carriers or railroads administered by the department shall be
recovered by an action brought thereon in the name of the State of Oregon
in any court of appropriate jurisdiction or as provided in ORS 183.745.
[1995 c.733 §25] (1) Whenever it
appears to the Department of Transportation that any motor carrier,
railroad or any other person subject to the jurisdiction of the
department is engaged or about to engage in any acts or practices that
constitute a violation of any statute regarding motor carriers or
railroads administered by the department, or any rule, regulation,
requirement, order, term or condition issued thereunder, the department
may apply to any circuit court of the state where such motor carrier,
railroad or any other person subject to the jurisdiction of the
department operates for the enforcement of such statute, rule,
regulation, requirement, order, term or condition.
(2) Such court, without bond, has jurisdiction to enforce obedience
thereto by injunction, or by other processes, mandatory or otherwise,
restraining such motor carrier, railroad or any other person subject to
the jurisdiction of the department, or its officers, agents, employees
and representatives from further violations of such statute, rule,
regulation, requirement, order, term or condition, and enjoining upon
them obedience thereto.
(3) The provisions of this section are in addition to and not in
lieu of any other enforcement provisions contained in any statute
administered by the department. [1995 c.733 §26] (1) Any motor
carrier or railroad that does, or causes or permits to be done, any
matter, act or thing prohibited by ORS chapters 823, 824, 825 and 826, or
omits to do any act, matter or thing required to be done by ORS chapters
823, 824, 825 and 826, is liable to the person injured thereby in the
amount of damages sustained in consequence of such violation. If the
party seeking damages alleges and proves that the wrong or omission was
the result of gross negligence or willful misconduct, the motor carrier
or railroad is liable to the person injured thereby in treble the amount
of damages sustained in consequence of the violation. The court may award
reasonable attorney fees to the prevailing party in an action under this
section.
(2) Any recovery under this section does not affect recovery by the
state of the penalty, forfeiture or fine prescribed for such violation.
(3) This section does not apply with respect to the liability of
any motor carrier or railroad for personal injury or property damage.
[1995 c.733 §§27,99; 1997 c.249 §239](1) The remedies and
enforcement procedures provided in ORS chapters 823, 824, 825 and 826 do
not release or waive any right of action by the state or by any person
for any right, penalty or forfeiture that may arise under any law of this
state or under an ordinance of any municipality thereof.
(2) All penalties and forfeitures accruing under said statutes and
ordinances are cumulative and a suit for and recovery of one, shall not
be a bar to the recovery of any other penalty.
(3) The duties and liabilities of the motor carriers or railroads
shall be the same as are prescribed by the common law, and the remedies
against them the same, except where otherwise provided by the
Constitution or statutes of this state, and the provisions of ORS
chapters 823, 824, 825 and 826 are cumulative thereto. [1995 c.733 §28;
1997 c.249 §240]RECEIPTS AND BILLS OF LADING(1) Any
for-hire carrier, railroad or transportation company receiving property
for transportation wholly within this state, from one point in this state
to another point in this state, shall issue in accordance with the
applicable provisions of ORS chapter 77 a receipt or bill of lading
therefor, and shall be liable to the lawful holder thereof for any loss,
damage or injury to such property caused by it, or by any common carrier
to which such property may be delivered, or over whose line or lines such
property may pass, when transported on a through bill of lading. No
contract, receipt, rule, regulation or other limitation of any character
whatsoever shall exempt such for-hire carrier, railroad or transportation
company from such liability.
(2) Any for-hire carrier, railroad or transportation company so
receiving property for transportation wholly within this state shall be
liable to the lawful holder of such receipt or bill of lading, or to any
party entitled to recover thereon, whether such receipt or bill of lading
has been issued or not, for the full actual loss, damage or injury to
such property caused by it, or by any common carrier to which such
property may be delivered, or over whose line such property may pass when
transported on a through bill of lading, notwithstanding any limitation
of liability or limitation of the amount of recovery, or representation
or agreement as to value in any such receipt or bill of lading, or in any
contract, rule or regulation, or in any tariff filed with the Department
of Transportation; and any such limitation, irrespective of the manner or
form in which it is sought to be made, is unlawful and void.
(3) The provisions of subsection (2) of this section respecting
liability for full actual loss, damage or injury, shall not apply:
(a) To baggage carried on passenger trains or boats, or trains or
boats carrying passengers.
(b) To property, except ordinary livestock, concerning which the
carrier is expressly authorized or required by order of the Department of
Transportation to establish and maintain rates dependent upon the value
declared in writing by the shipper or agreed upon in writing as the
released value of the property. “Ordinary livestock” includes all cattle,
swine, sheep, goats, horses and mules, except such as are chiefly used
for breeding, racing, show purposes or other special uses.
(4) The Department of Transportation may make the order referred to
in subsection (3)(b) of this section in cases where rates dependent upon
and varying with declared or agreed values would, in the opinion of the
department, be just and reasonable under the circumstances and conditions
surrounding the transportation. Any tariff schedule filed with the
department pursuant to such order shall contain specific reference
thereto and may establish rates varying with the value so declared and
agreed upon. [Formerly 771.010; 1997 c.249 §241]A for-hire carrier, railroad or transportation
company referred to in ORS 823.101 may not provide by rule, contract,
regulation or otherwise a period for filing claims described in ORS
823.101 shorter than the following:
(1) Nine months after delivery of property or after reasonable time
for delivery has elapsed for filing of claims in writing, except that if
the carrier is a for-hire carrier of household goods, three months.
(2) Two years for the institution of suits. The period for
institution of suits shall be computed from the day when notice is given
by the carrier to the claimant that the carrier has disallowed all or any
part of the claim specified in the notice. [Formerly 771.020; 1997 c.249
§242; 2003 c.754 §12]No common carrier subject to ORS 823.101 to
823.107, its director or officer, receiver, trustee, lessee, agent or
person acting for or employed by it, shall, alone or with any other
person, willfully do or cause to be done, or willingly suffer or permit
to be done, any act, matter or thing prohibited or declared to be
unlawful in ORS 823.101 to 823.107, or aid or abet therein, or willfully
omit or fail to do any act, matter or thing required to be done by ORS
823.101 to 823.107 or cause or willingly suffer or permit any act, matter
or thing so directed or required by ORS 823.101 to 823.107 to be done, or
not to be so done, or aid or abet any such omission or failure. [Formerly
771.040]Nothing in ORS 823.101 to
823.107 shall deprive any holder of a receipt or bill of lading of any
remedy or right of action which the holder has under existing law.
[Formerly 771.050]PENALTIES (1) Any motor carrier or railroad that fails to
comply with an order or subpoena issued pursuant to ORS 823.025 shall pay
a civil penalty, for each day it so fails, of not less than $50 nor more
than $500.
(2) Except where a penalty is otherwise provided by law, any motor
carrier or railroad shall pay a civil penalty of not less than $100 nor
more than $10,000 for each time that the motor carrier or railroad:
(a) Violates any statute regarding motor carriers or railroads, as
appropriate, administered by the Department of Transportation;
(b) Does any act prohibited, or fails to perform any duty enjoined
upon the motor carrier or railroad;
(c) Fails to obey any lawful requirement or order made by the
department; or
(d) Fails to obey any judgment made by any court upon the
application of the department.
(3) Violation of ORS 823.029 is punishable after issuance of a
final order by the department, by a civil penalty of not less than $1,000
for each offense. A penalty of not less than $500 nor more than $1,000
shall be recovered from the motor carrier or railroad for each such
offense when such officer, agent or employee acted in obedience to the
direction, instruction or request of the motor carrier or railroad, or
any general officer thereof.
(4) Violation of ORS 823.029 is a Class A violation.
(5) Violation of ORS 823.051 is punishable, upon conviction, by a
fine of not more than $100 or imprisonment for not more than 30 days, or
both. Any motor carrier or railroad that knowingly permits the violation
of ORS 823.051 shall forfeit, upon conviction, not more than $1,000 for
each offense.
(6) In construing and enforcing this section, the act, omission or
failure of any officer, agent or other person acting for or employed by
any motor carrier or railroad shall in every case be deemed to be the
act, omission or failure of such motor carrier or railroad. With respect
to any violation of any statute administered by the department regarding
motor carriers or railroads, any penalty provision applying to such a
violation by a motor carrier or railroad shall apply to such a violation
by any other person.
(7) Except as provided in ORS 824.019 and 825.326, and except when
provided by law that a penalty, fine, forfeiture or other sum be paid to
the aggrieved party, all penalties, fines or forfeitures collected from
persons subject to the regulatory authority of the department under ORS
chapters 823, 824, 825 and 826 shall be paid into the General Fund and
credited to the Motor Carrier Account if collected from a motor carrier
and to the Railroad Fund created under ORS 824.014 (1) if collected from
a railroad.
(8) Violation of ORS 823.105 is punishable, after issuance of a
final order by the department, by a civil penalty of not more than $5,000
for each offense.
(9) Violation of ORS 823.105 is a violation punishable by a fine of
not more than $5,000 for each offense.
(10) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745. [Subsections (1) to (6) of 1995 Edition
enacted as 1995 c.733 §38; subsection (7) of 1995 Edition formerly
771.990; 1997 c.249 §243; 1997 c.275 §11; 1999 c.1051 §230; 2001 c.909
§5; 2003 c.576 §567; 2003 c.754 §11]
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