Schedule of civil penalties; rules

(1) After consultation with the advisory committee established under ORS 345.330, the Higher Education Coordinating Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation of ORS 345.010 to 345.340. A civil penalty may not exceed $500 per violation. The commission shall consult with the Attorney General before adopting the schedule of penalties for violations of ORS 345.120 (3)(d). (2) In imposing a penalty for violation of ORS 345.010 to 345.340 pursuant to the schedule or schedules authorized by this section, the commission shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of ORS 345.010 to 345.340 or rules adopted pursuant thereto. (c) The economic and financial conditions of the person incurring a penalty. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the commission considers proper and consistent with the public welfare. (4) The commission may impose penalties that may be remitted or mitigated on condition that a particular violation not continue or occur after a certain period not to exceed 15 days. (5) From each penalty recovered under this section, the commission may retain reasonable costs related to the investigation and assessment of the penalty. This subsection does not apply to penalties that are required to be deposited in the Tuition Protection Fund established under ORS 345.110.