Or. Admin. Code § 741-065-0105
Current through Register Vol. 63, No. 12, December 1, 2024
Section 741-065-0105 - Civil Penalties(1) In addition to all other penalties provided by law, any RTA that violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes, OAR 741-065-0010 through 741-065-0110, or any order, rule or decision of the SSOA, or the RTA's own safety plan(s), security plan(s), rules, policies, and standard operating procedures, shall be subject to the imposition of a civil penalty of not more than $1,000 for every such violation, pursuant to ORS 824.990.(2) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA's safety plan(s), security plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are: (a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or (b) Committed with reckless disregard for whether the act violated the law. Each such violation will be a separate offense and, in the case of a continuing violation every day's continuance is a separate violation. Every act of commission or omission that aids or abets in the violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section. (3) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183.Or. Admin. Code § 741-065-0105
RD 2-2021, adopt filed 07/19/2021, effective 7/19/2021Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045