(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]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.020 - Definitions and explanations.
Section 646.040 - Price discrimination prohibited; price differentials.
Section 646.461 - Definitions for ORS 646.461 to 646.475.
Section 646.463 - Enjoining misappropriation; payment of royalties; affirmative acts.
Section 646.465 - Damages for misappropriation.
Section 646.467 - Attorney fees.
Section 646.515 - Definitions for ORS 646.515 to 646.545.
Section 646.535 - Unfair trade practices prohibited; exception.
Section 646.545 - Remedy for unfair trade practices; attorney fees.
Section 646.551 - Definitions for ORS 646.551 to 646.557.
Section 646.557 - Required disclosures by telephonic seller.
Section 646.561 - Definitions for ORS 646.561 to 646.565.
Section 646.567 - Definitions for ORS 646.567 to 646.578.
Section 646.568 - Findings and purpose.
Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652.
Section 646.607 - Unlawful business, trade practices.
Section 646.608 - Additional unlawful business, trade practices; proof; rules.
Section 646.612 - Application of ORS 646.607 and 646.608.
Section 646.618 - Investigative demand; petition to modify.
Section 646.622 - Method of serving investigative demand.
Section 646.626 - Effect of failure to obey investigative demand.
Section 646.639 - Unlawful collection practices.
Section 646.642 - Civil penalties.
Section 646.647 - Unlawful use of recording group name; exceptions.
Section 646.648 - Unlawful practice by manufactured dwelling dealer.
Section 646.705 - Definitions for ORS 136.617 and 646.705 to 646.805.
Section 646.715 - Declaration of purpose.
Section 646.736 - Public policy; certain cooperative activities not unlawful.
Section 646.740 - Permitted activities.
Section 646.750 - Investigative demand by Attorney General; petition to modify.
Section 646.760 - Civil penalties; attorney fees; mitigation.
Section 646.770 - Equitable remedies; attorney fees.
Section 646.775 - Actions by Attorney General; damages; attorney fees.
Section 646.800 - Time of commencing action.
Section 646.805 - Effect of prior final judgment or decree.
Section 646.881 - Definitions for ORS 646.881 to 646.885.
Section 646.883 - Price comparison in advertisement prohibited; exceptions.
Section 646.885 - Use of terms in advertisement containing price comparison.
Section 646.905 - Definitions for ORS 646.910 to 646.923.
Section 646.930 - Motor vehicle fuel prices; requirements for display.
Section 646.935 - Diesel fuel sales; price discrimination.
Section 646.945 - Definitions for ORS 646.947 to 646.963.
Section 646.947 - Prohibited activities.
Section 646.949 - Signs identifying octane rating.
Section 646.951 - Testing of motor vehicle fuel.
Section 646.953 - Orders of Director of Agriculture.
Section 646.955 - Records required.
Section 646.959 - Annual fee for metering instrument or device.