(2)(a) The Secretary of State by rule shall establish the amount of civil penalty that may be imposed for a particular violation. A civil penalty may not exceed $1,500 per violation.
(b) In imposing a penalty authorized by this section, the secretary may consider the following factors:
(A) The past history of the individual incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(B) Any prior violations.
(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) Any relevant rule of the secretary.
(G) The notary public’s cooperativeness and efforts to correct the violation.
(c) The penalty imposed under this section may be paid upon those terms and conditions as the secretary determines to be proper and consistent with the public benefit. Upon request of the notary public incurring the penalty, the secretary shall consider evidence of the economic and financial condition of the notary public in determining whether a penalty shall be paid.
(3) Imposition or payment of a civil penalty under this section is not a bar to any action described in ORS 194.405, to a criminal proceeding or to a proceeding under ORS 194.340.
(4) A civil penalty may not be imposed under this section until the notary public incurring the penalty has been given notice in writing from the Secretary of State specifying the violation. The notice is in addition to the notice required under ORS 183.745 and shall be served in the same manner as the notice required under ORS 183.745.
(5)(a) After initial notice as provided in subsection (4) of this section, a civil penalty may be imposed in the manner provided in ORS 183.745.
(b) The Secretary of State may delegate to a hearings officer appointed by the secretary, upon such conditions as deemed necessary, all or part of the authority to conduct hearings required under ORS 183.745.
(6) Notwithstanding ORS 180.070 (3), expenses incurred by the Secretary of State or Attorney General under subsections (1) to (5) of this section or under ORS 194.405 (2) shall be paid from the Operating Account under ORS 56.041.
(7) All civil penalties and costs recovered under this section shall be paid into the Operating Account under ORS 56.041. [1989 c.976 §28; 1991 c.734 §11; 1993 c.66 §12; 2013 c.219 §51]
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