183.745 Civil
penalty procedures; notice; hearing; judicial review; exemptions; recording;
enforcement. (1)
Except as otherwise provided by law, an agency may only impose a civil penalty
as provided in this section.
(2) A civil
penalty imposed under this section shall become due and payable 10 days after
the order imposing the civil penalty becomes final by operation of law or on
appeal. A person against whom a civil penalty is to be imposed shall be served
with a notice in the form provided in ORS 183.415. Service of the notice shall
be accomplished in the manner provided by ORS 183.415.
(3) The person to
whom the notice is addressed shall have 20 days from the date of service of the
notice provided for in subsection (2) of this section in which to make written
application for a hearing. The agency may by rule provide for a longer period
of time in which application for a hearing may be made. If no application for a
hearing is made within the time allowed, the agency may make a final order
imposing the penalty. A final order entered under this subsection need not be
delivered or mailed to the person against whom the civil penalty is imposed.
(4) Any person
who makes application as provided for in subsection (3) of this section shall
be entitled to a hearing. The hearing shall be conducted as a contested case
hearing pursuant to the applicable provisions of ORS 183.413 to 183.470.
(5) Judicial
review of an order made after a hearing under subsection (4) of this section
shall be as provided in ORS 183.480 to 183.497 for judicial review of contested
cases.
(6) When an order
assessing a civil penalty under this section becomes final by operation of law
or on appeal, and the amount of penalty is not paid within 10 days after the
order becomes final, the order may be recorded with the county clerk in any
county of this state. The clerk shall thereupon record the name of the person
incurring the penalty and the amount of the penalty in the County Clerk Lien
Record.
(7) This section
does not apply to penalties:
(a) Imposed under
the tax laws of this state;
(b) Imposed under
the provisions of ORS 646.760 or 652.332;
(c) Imposed under
the provisions of ORS chapter 654, 656 or 659A; or
(d) Imposed by
the Public Utility Commission.
(8) This section
creates no new authority in any agency to impose civil penalties.
(9) This section
does not affect:
(a) Any right
under any other law that an agency may have to bring an action in a court of
this state to recover a civil penalty; or
(b) The ability
of an agency to collect a properly imposed civil penalty under the provisions
of ORS 305.830.
(10) The notice
provided for in subsection (2) of this section may be made part of any other
notice served by the agency under ORS 183.415.
(11) Informal
disposition of proceedings under this section, whether by stipulation, agreed
settlement, consent order or default, may be made at any time.
(12) In addition
to any other remedy provided by law, recording an order in the County Clerk
Lien Record pursuant to the provisions of this section has the effect provided
for in ORS 205.125 and 205.126, and the order may be enforced as provided in
ORS 205.125 and 205.126.
(13) As used in
this section:
(a) “Agency” has
that meaning given in ORS 183.310.
(b) “Civil
penalty” includes only those monetary penalties that are specifically
denominated as civil penalties by statute. [Formerly 183.090]
Note: 183.745 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 183
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
READABILITY OF PUBLIC
WRITINGS
Notes of Decisions
Carroll v. Dep't of Pub. Saf. Standards & Training, 396 P.3d 938 (Or. Ct. App. 2017).
· cites it 5× “995] shall be imposed as provided in ORS 183.745.” ORS 183.745 provides, in part, in turn: “(1) Except as otherwise provided by law, an agency may only impose a civil penalty as provided in this section.”
ETU, Inc. v. Env't Quality Comm'n, 162 P.3d 248 (Or. 2007).
· cites it 11× “The court noted that ORS 183.745 specifically addresses service of orders assessing civil penalties and, under that statute, default final orders assessing civil penalties need not be served at all, “so long as service of the initial notice [of the assessment of the civil…”
ETU, Inc. v. Env't Quality Comm'n, 134 P.3d 1019 (Or. Ct. App. 2006).
· cites it 9× “470(3), we observe that service of orders assessing civil penalties is specifically addressed 6 by ORS 183.745, which provides, in part: *290 (Emphasis added.”
Allied Structural v. CCB, 492 P.3d 642 (Or. Ct. App. 2021).
· cites it 3× “A correct be imposed as provided in ORS 183.745.” ORS 183.745, in turn, provides for notice and a contested case hearing whenever an agency proposes to impose a civil pen- alty.”
McKnight v. DPSST, 343 Or. App. 149 (Or. Ct. App. 2025).
· cites it 2× “ORS 183.745(2) - (4). The penalty was then subject to judicial review.”
McKnight v. DPSST, 343 Or. App. 149 (Or. Ct. App. 2025).
· cites it 2× “ORS 183.745(2) - (4). The penalty was then subject to judicial review.”
NW Metals, Inc. v. DMV, 498 P.3d 869 (Or. Ct. App. 2021).
“137(2)(a), which provides: “In addition to any other penalty provided by law, the department may impose on a dismantler, in the manner provided by ORS 183.745, a civil penalty not to exceed $1,000 per violation if the dismantler: “(a) Acquires a motor vehicle or major component…”
Boardmaster Corp. v. Glass, 356 P.3d 1126 (Or. Ct. App. 2015).
“895 provides that “[c]ivil penalties under this section shall be imposed as provided in ORS 183.745,” which sets out requirements for service of notice of the civil penalty, the opportunity to request and have a hearing to contest the civil penalty, and judicial review of an…”
— Or. Rev. Stat. § 183.745(1) — 1 case
ETU, Inc. v. Env't Quality Comm'n, 134 P.3d 1019 (Or. Ct. App. 2006).
“470(3), we observe that service of orders assessing civil penalties is specifically addressed 6 by ORS 183.745, which provides, in part: *290 (Emphasis added.”
— Or. Rev. Stat. § 183.745(10) — 1 case
Carroll v. Dep't of Pub. Saf. Standards & Training, 396 P.3d 938 (Or. Ct. App. 2017).
“995] shall be imposed as provided in ORS 183.745.” ORS 183.745 provides, in part, in turn: “(1) Except as otherwise provided by law, an agency may only impose a civil penalty as provided in this section.”
— Or. Rev. Stat. § 183.745(2) — 2 cases
McKnight v. DPSST, 343 Or. App. 149 (Or. Ct. App. 2025).
“ORS 183.745(2) - (4). The penalty was then subject to judicial review.”
McKnight v. DPSST, 343 Or. App. 149 (Or. Ct. App. 2025).
“ORS 183.745(2) - (4). The penalty was then subject to judicial review.”
— Or. Rev. Stat. § 183.745(3) — 2 cases
ETU, Inc. v. Env't Quality Comm'n, 162 P.3d 248 (Or. 2007).
“The court noted that ORS 183.745 specifically addresses service of orders assessing civil penalties and, under that statute, default final orders assessing civil penalties need not be served at all, “so long as service of the initial notice [of the assessment of the civil…”
ETU, Inc. v. Env't Quality Comm'n, 134 P.3d 1019 (Or. Ct. App. 2006).
“470(3), we observe that service of orders assessing civil penalties is specifically addressed 6 by ORS 183.745, which provides, in part: *290 (Emphasis added.”
— Or. Rev. Stat. § 183.745(4) — 1 case
Carroll v. Dep't of Pub. Saf. Standards & Training, 396 P.3d 938 (Or. Ct. App. 2017).
“995] shall be imposed as provided in ORS 183.745.” ORS 183.745 provides, in part, in turn: “(1) Except as otherwise provided by law, an agency may only impose a civil penalty as provided in this section.”
— Or. Rev. Stat. § 183.745(5) — 2 cases
McKnight v. DPSST, 343 Or. App. 149 (Or. Ct. App. 2025).
“ORS 183.745(2) - (4). The penalty was then subject to judicial review.”
McKnight v. DPSST, 343 Or. App. 149 (Or. Ct. App. 2025).
“ORS 183.745(2) - (4). The penalty was then subject to judicial review.”
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