(2) In imposing a penalty for violation of ORS 345.010 to 345.450 pursuant to the schedule or schedules authorized by this section, the commission shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of ORS 345.010 to 345.450 or rules adopted pursuant thereto.
(c) The economic and financial conditions of the person incurring a penalty.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the commission considers proper and consistent with the public welfare.
(4) The commission may impose penalties that may be remitted or mitigated on condition that a particular violation not continue or occur after a certain period not to exceed 15 days.
(5) From each penalty recovered under this section, the commission may retain reasonable costs related to the investigation and assessment of the penalty. This subsection does not apply to penalties that are required to be deposited in the Tuition Protection Fund established under ORS 345.110. [1975 c.478 §24; 1991 c.67 §88; 1993 c.45 §281; 2012 c.104 §39; 2013 c.643 §§1,2; 2017 c.422 §4]
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Section 345.010 - Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997.
Section 345.015 - Application of ORS 345.010 to 345.450.
Section 345.020 - Duty and powers of Higher Education Coordinating Commission; rules.
Section 345.030 - License requirements; fingerprints; transfer of license.
Section 345.040 - Approval of registration of agent required; bonding.
Section 345.080 - Fees; rules.
Section 345.110 - Tuition Protection Fund; rules.
Section 345.113 - Negotiability of contract for student loan.
Section 345.115 - Refund schedule; limit on advance deposit; default; rules.
Section 345.120 - Investigations; notice for corrective action, suspension or revocation.
Section 345.240 - Discrimination prohibited; complaint.
Section 345.320 - Legislative findings and purpose.
Section 345.325 - Minimum standards; rules.
Section 345.330 - Advisory committee.
Section 345.450 - Annual inspection fee.