(1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection (2) of this section on any person who violates any provision of ORS § 646.947, 646.949 or 646.953, rules adopted under ORS § 646.957 or orders issued under ORS § 646.953.

(2) The director may impose civil penalties for violations described in subsection (1) of this section that are:

(a) Not more than $500 for a first violation.

(b) Not more than $2,500 for a second violation within two years from the date of the first violation.

(c) Not more than $10,000 for a third violation within two years from the date of the first violation.

(3) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on any person who violates any provision of ORS § 646.932 as follows:

(a) A notice of noncompliance for a first violation.

(b) A notice of violation for a second violation.

(c) Not more than $50 for a third violation.

(d) Not more than $100 for any violation after a third violation.

(4) In imposing a penalty under subsection (2) or (3) of this section, the director shall consider the following factors:

(a) The gravity of the violation.

(b) The scope of the violation.

(c) The past history of the person incurring the penalty.

(d) In the case of a penalty to be imposed on a retail dealer or nonretail dealer, the degree of knowledge by the dealer of the violation.

(5) Any monetary civil penalty under this section shall be imposed in the manner provided by ORS § 183.745.

(6) Monetary civil penalties collected under this section shall be deposited into the Motor Vehicle Fuel Inspection Program Account. [1997 c.310 § 7; 2017 c.437 § 2]

PENALTIES