2021 Oregon Revised Statutes
Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships
Section 446.348 - Determining amount of penalty; rules; schedule; factors.


(2) The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director 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 statutes, rules, orders and permits pertaining to the water system.
(c) The economic and financial conditions of the person incurring the penalty.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety. [1983 c.707 §26; 2009 c.595 §823]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 12 - Public Health

Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships

Section 446.003 - Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227.

Section 446.007 - Exceptions to ORS 446.003 definitions.

Section 446.062 - Rules regulating parks; state building code requirements; approval for new construction or additional lots.

Section 446.095 - Park construction and facilities.

Section 446.100 - Prohibited acts in connection with construction and use of parks; rules for spacing of units.

Section 446.105 - Temporary parks.

Section 446.115 - Sanitation of parks; pets to be controlled.

Section 446.125 - Occupancy on private land.

Section 446.155 - Sanitation and safety requirements; exceptions.

Section 446.160 - Inspection; rules; federal standards.

Section 446.170 - Insignia of compliance required; when displayed.

Section 446.176 - Fees; rules.

Section 446.180 - Safety standards of other states or national organization; rules.

Section 446.185 - Minimum safety standards for equipment, material and installations; rules.

Section 446.198 - Exemption for redevelopment in park destroyed by natural disaster.

Section 446.225 - Administration and enforcement of federal manufactured housing safety and construction standards; rules.

Section 446.230 - Safety and construction standards for installation, support and tiedown; rules; when installer license not required.

Section 446.245 - Permitted uses of manufactured dwellings.

Section 446.253 - Authority of director; authority of local governments.

Section 446.255 - Revocation of agreement with local government.

Section 446.260 - Notification by manufacturer of manufactured home defect; other disclosures; rules.

Section 446.310 - Definitions for ORS 446.310 to 446.350.

Section 446.317 - Delegation of landlord duties; rules.

Section 446.320 - Tourist facility license required.

Section 446.321 - Fee for license; rules.

Section 446.323 - Failure to apply for or renew license; transferability of license; refunds.

Section 446.324 - Denial, suspension or revocation of license; civil penalty; hearing.

Section 446.325 - Exemptions from license requirement.

Section 446.335 - Inspection of parks and camps; right of access; notice of reopening seasonal facility.

Section 446.340 - Responsibility of owner or operator for sanitary conditions.

Section 446.345 - Prohibited acts.

Section 446.347 - Civil penalties; notice.

Section 446.348 - Determining amount of penalty; rules; schedule; factors.

Section 446.349 - Civil penalty.

Section 446.395 - License required; issuance; employment of nonlicensed installer prohibited.

Section 446.400 - Procedures for licensing; fees.

Section 446.405 - Complaint procedure; inspections; rules; fees; failure to obey order of department.

Section 446.420 - License required to maintain action.

Section 446.423 - Use of moneys.

Section 446.425 - Delegation to county to administer certain sanitation laws; fees.

Section 446.430 - Delegation to county or city to administer rules regulating parks; fees.

Section 446.435 - Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites.

Section 446.440 - Application of condominium provisions to parks.

Section 446.561 - Definitions for ORS 446.566 to 446.646.

Section 446.566 - Ownership document contents.

Section 446.568 - Provision of certain ownership document information to Department of Consumer and Business Services.

Section 446.571 - Ownership document application; records; notice of security interest.

Section 446.576 - Manufactured structures not requiring ownership document or recording in county deed records.

Section 446.581 - Abandoned structure ownership transfer; rules.

Section 446.586 - Definitions for ORS 446.586 to 446.606.

Section 446.591 - Exception to requirement for submitting information; application by escrow agent.

Section 446.596 - Notice provided by escrow agent; contents.

Section 446.601 - Treatment of application provided by escrow agent.

Section 446.606 - Prohibition on providing application; escrow agent fees; action for damages.

Section 446.611 - Perfection of security interest in manufactured structure having ownership document.

Section 446.616 - Transfer of interest in manufactured structure.

Section 446.621 - Effect of certificate of title or other documentation of ownership.

Section 446.626 - Recording manufactured structures in county deed records; effect on security interest; recording as establishment of real property interest.

Section 446.631 - Process for moving manufactured structure; fees.

Section 446.636 - Manufactured structure trip permits.

Section 446.641 - Sale of manufactured structure having ownership document or that is exempt structure.

Section 446.646 - Department of Consumer and Business Services rules; fees; county as agent of department.

Section 446.661 - Definitions for ORS 446.661 to 446.756.

Section 446.666 - Regulation of dealers, dealerships and salespersons; inspection of records; rules.

Section 446.671 - Acting as manufactured structure dealer without license; penalty.

Section 446.676 - Exceptions to prohibition against unlicensed dealer activity.

Section 446.681 - Enjoining unlicensed dealers.

Section 446.686 - Notice of proceeding against alleged unlicensed dealer.

Section 446.691 - Issuance of dealer license.

Section 446.696 - Renewal of dealer license.

Section 446.701 - Issuance of temporary manufactured structure dealer license.

Section 446.706 - Limited manufactured structure dealer; licensing.

Section 446.711 - Dealer education and testing; rules.

Section 446.716 - Additional places of business; supplemental licenses.

Section 446.721 - License fees; use of moneys.

Section 446.726 - Bond or letter of credit requirements; action against dealer and surety or issuer.

Section 446.731 - Status of licensed dealer.

Section 446.736 - Transfer of interest by dealer; application information; notice of delay; penalty.

Section 446.741 - Suspension, revocation or cancellation of license; dealer probation; employment disqualification.

Section 446.746 - Manufactured structure dealer criminal offenses; penalties.

Section 446.748 - Cease and desist orders; investigative authority of director.

Section 446.751 - Engaging in illegal consignment practices; penalty.

Section 446.756 - Violation of consigned manufactured structure transfer; penalty.

Section 446.990 - Penalties.

Section 446.995 - Civil penalties for violation of ORS 446.661 to 446.756 or related rules.