(1) Any person that violates any provision of ORS 633.006 to 633.089, any rule adopted pursuant thereto or the terms or conditions of any order issued pursuant thereto shall be subject to a civil penalty not to exceed $10,000 per violation. (2) Civil penalties under this section are in addition to any other penalty provided by law. (3) Each violation described in this section may be a separate and distinct offense, and, in the case of a continuing violation, each days continuance thereof may be deemed a separate and distinct offense. (4) The State Department of Agriculture shall adopt a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. (5) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. (6) The department shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Service Fund established by ORS 561.144. Moneys deposited under this subsection are continuously appropriated to the department for carrying out the administration and enforcement of the laws, rules or orders under which the penalties are assessed. (7) If a civil penalty under this section remains unpaid after the date it becomes due and owing as specified in the final order imposing the civil penalty, in accordance with ORS chapter 183 contested case procedures and until the civil penalty is paid in full, the department may: (a) Notwithstanding ORS 633.015 (1), suspend, revoke or refuse to issue or renew a certificate of registration, under ORS 633.015, to or for the person to whom the final order is issued; (b) Notwithstanding ORS 633.029 (1)(a), suspend, revoke or refuse to issue or renew a license, under ORS 633.029, to or for the person to whom the final order is issued; and (c) Withhold from the person to whom the final order is issued the issuance or renewal of a license or certificate of registration under any other program administered by the department. Note: 633.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 633 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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