Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 527.992

Civil penalties

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      527.992 Civil penalties. (1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685:

      (a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797.

      (b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680.

      (c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.706, 527.710 or 527.711.

      (d) Any term or condition of a written waiver, or prior approval granted by the State Forester pursuant to the rules adopted under ORS 527.710.

      (2) Imposition or payment of a civil penalty under this section shall not be a bar to actions alleging trespass under ORS 105.810, nor to actions under ORS 161.635 or 161.655 seeking to recover an amount based on the gain resulting from individual or corporate criminal violations. [1987 c.919 §24; 1995 s.s. c.3 §39i; 1996 c.9 §11; 2003 c.740 §6; 2015 c.833 §23; 2022 c.33 §49]

 

      Note: The amendments to 527.992 by section 74, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.992, as amended by section 74, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.

      527.992. (1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685:

      (a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755.

      (b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680.

      (c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.710.

      (d) Any term or condition of a written waiver, or prior approval granted by the State Forester pursuant to the rules adopted under ORS 527.710.

      (2) Imposition or payment of a civil penalty under this section shall not be a bar to actions alleging trespass under ORS 105.810, nor to actions under ORS 161.635 or 161.655 seeking to recover an amount based on the gain resulting from individual or corporate criminal violations._

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Notes of Decisions
Cited in 4 cases, 2003–2020 · leading case: Thomas Creek Lumber & Log Co. v. Board of Forestry
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Thomas Creek Lumber & Log Co. v. Board of Forestry (2003) orctapp · cites it 4× “” Thus, under subsection (1), any operator, timber owner, or landowner who is affected by, among other things, an order issued under ORS 527.992, may request a hearing. Orders issued under ORS 527.”
Anantha v. Clarno (2020) orctapp · cites it 2× “The Oregon Secretary of State rejected each proposed measure, concluding that each initiative petition violated the “single subject” requirement of Article IV, section 1(2)(d), of the Oregon Constitution, which provides that a “proposed law * * * shall embrace one subject only…”
Gambee v. Department of Forestry (2003) orctapp “990(1), and ORS 527.992, and that he was liable for violations of administrative rules pertaining to the retention and protection, during timber harvest operations, of bald eagle nesting sites.”
Department of Revenue v. Rankin (2003) ortc “990(1), and ORS 527.992. 6 Taxpayers’ memorandum directed the court to the following administrative rules: OAR 629-600-0100, OAR 629-680-0310, OAR 629-645-0000, OAR 629-605-0140, and OAR 629-605-0170.”
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