(2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture 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 or orders pertaining to pesticide application, sale or labeling.
(c) The gravity and magnitude of the violation.
(d) Whether the violation was repeated or continuous.
(e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
(f) The violator’s cooperativeness and efforts to correct the violation.
(g) The immediacy and extent to which the violation threatens the public health or safety. [1989 c.943 §5]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 634 - Pesticide Control
Section 634.006 - Definitions.
Section 634.026 - Pesticide labeling requirements; highly toxic pesticides; applicability of law.
Section 634.032 - When pesticide is misbranded.
Section 634.036 - When pesticide is adulterated.
Section 634.045 - Avoidance of adverse effects on pollinating insects.
Section 634.057 - State preemption of local pesticide regulation.
Section 634.063 - Exceptions to state preemption of pesticide regulation.
Section 634.106 - Applicability of ORS 634.112 to 634.126 and 634.146.
Section 634.112 - Renewal of licenses or certificates; delinquency.
Section 634.122 - Applicator license; qualifications; examination; fee.
Section 634.126 - Trainee certificate; renewal; fee.
Section 634.128 - Aerial pesticide applicator certificate; fee.
Section 634.132 - Consultant license; fee; qualifications; examination; applicability of law.
Section 634.136 - Dealer license; fee; applicability of law.
Section 634.142 - Private applicator certificate; standards; fee.
Section 634.148 - Retesting following violation.
Section 634.236 - Increasing or decreasing size of protected area; consolidation of areas.
Section 634.242 - Taxing power of area committee; limitation on amount of levy.
Section 634.306 - General duties and powers of department; rules.
Section 634.322 - Enforcement powers of department.
Section 634.326 - Use of moneys received by department.
Section 634.372 - Prohibited acts.
Section 634.500 - Definitions for ORS 634.500 to 634.520.
Section 634.510 - Conditions for sale.
Section 634.515 - Sale by pesticide dealer; duties of customer.
Section 634.520 - Report of sales to department.
Section 634.550 - Center governing board; duties and powers.
Section 634.555 - Pesticide incident telephone line.
Section 634.600 - Committee members; appointment; compensation and expenses; duties.
Section 634.650 - Definitions for ORS 634.650 to 634.665.
Section 634.653 - Appointment of State Integrated Pest Management Coordinator.
Section 634.657 - Integrated Pest Management Coordinating Committee; purposes; report; funding.
Section 634.660 - Agencies and universities required to implement integrated pest management.
Section 634.700 - Definitions for ORS 634.700 to 634.750.
Section 634.720 - Plan coordinators.
Section 634.730 - Reentry into sprayed area; exception; declaration of pest emergency.
Section 634.740 - Written notice requirements; warning signs; failure to notify or warn.
Section 634.750 - Pesticide application records.
Section 634.900 - Penalty for certain violations; amount.
Section 634.905 - When penalty payable; notice; hearing.
Section 634.915 - Schedule for penalty amounts; criteria; rules.