Admin Order 53-07-02-F - Laserfiche WebLink

Home Browse Search

.. Findine:: . The provisions in the Code and Rules constituting violations which can result in a suspension or revocation impose clear requirements upon a licensee. In addition, Rule R-3.515-H provides that a suspension or revocation can only occur upon a judicial or administrative determination that a violation has occurred. If the licensee feels that determination is in error, it may be appealed. I find that those procedures, along with the change made in response to the second comment, adequately address the commenter's concerns. Therefore, no changes are being made to Rule R-3.515-H as a result of this comment. Comment 2: Mr. Peterson objected. to the manner in which the civil penalties were constructed in R-3.552-J and set forth several examples of how a licensee could unknowingly or unintentionally violate the rules or code and become subject to excessive penalties. He recommended that R-3.552-J be revised to require notice to the licensee and the opportunity to correct the violation before a civil penalty is imposed, and that a cap be placed on the amount of civil penalties that can be imposed on a licensee in a calendar year. Findine:: Rule R-3.552-J sets forth the amount of civil penalty to be imposed for violations, not the manner in which a civil penalty is imposed. R-3.552-1 provides that except as modified by that subsection or R-3.552-J, imposition of a civil penalty shall be in accordance with the procedures contained in Section 2.018 of the Eugene Code, 1971 (EC). EC 2.018(2) provides that except under emergency conditions, the City Manager shall pursue reasonable attempts to secure voluntary compliance, and allow not less than five calendar days for correction before imposing an administrative civil penalty. This is consistent with the City's goal of achieving compliance with its licensing provisions. The second paragraph under R-3.552-I-l which provided no notice to correct would be issued prior to imposition of a civil penalty has been deleted. With this change, and a licensee's ability to appeal a civil penalty that is imposed, placing a cap on the amount of . civil penalties that can be imposed in a calendar year would not be reflective of that goal. No other changes are being made to the Rules as a result of this comment. Therefore, based upon the above findings, which are adopted herein, and the findings in Administrative Order No. 53-07-02, and pursuant to the authority of Sections 2.019 and 3.552 of the Eugene Code, 1971, I hereby repeal Administrative Order No. 53-06-05 as of the effective date of this Order, and amend and adopt the following Payday Loans Business License Emergency Administrative Rule R-3.552 as a permanent rule, to provide: Payday Loans Business License Administrative Rule R-3.552 R-3,.552-A Defmitions. As used in these rules, words and phrases have the meanings ascribed to them in Section 3.005 of the Eugene Code, 1971, unless speci1].cally defined otherwis~ herein. Administrative Order -2