Chapter 180 — Chapter 180
107 sections in this chapter.
ORS 180.380 Disclosure of information to authorized persons. (1) In addition to its other duties, powers and functions, the Division of Child Support may disclose confidential information from the Federal Parent Locator Service to an authorized person if the information is needed to
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(a) Enforce any state or federal law regarding the unlawful taking or restraint of a child; (b) Make or enforce a child custody determination; (c) Establish parentage; or (d) Establish, modify or enforce a child support order. (2)(a) If the request for information is made for a p…
ORS 180.400 Legislative findings. The Legislative Assembly finds that violations of ORS 323.800 to 323.807 threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state and the public health. The Legislative Assembly finds that enacting procedural enhancements will aid the enforcement of ORS 323.800 to 323.807 and thereby safeguard the integrity of the Master Settlement Agreement, the fiscal soundness of the state and the public health. The provisions of ORS 180.400 to 180.455 and 323.107 are not intended to and may not be interpreted to amend ORS 323.800 to 323.807. [2003 c.801 §1; 2005 c.22 §125]
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Note: 180.400 to 180.455 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 180.405 Definitions. As used in ORS 180.400 to 180.455 and 323.106
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(1) “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, cigarettes labeled “menthol,” “lights,” “kings,” “100s” and any cigarettes sold unde…
ORS 180.410 Manufacturer certification. (1) Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer or similar intermediary shall execute and deliver a certification to the Attorney General certifying that as of the date of the certification, the tobacco product manufacturer is either
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(a) A participating manufacturer; or (b) In full compliance with ORS 323.806 and with rules adopted under ORS 180.445 and 180.450. (2) The certification required by subsection (1) of this section shall be on a form prescribed by the Attorney General and shall be submitted no late…
ORS 180.415 Nonparticipating manufacturer certification; rules. In the certification required by ORS 180.410 (1), a nonparticipating manufacturer shall further certify
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(1) That the nonparticipating manufacturer and, if applicable, the nonparticipating manufacturer’s importer are registered to do business in the State of Oregon or have appointed a resident agent for service of process and provided notice of the appointment as required by ORS 180…
ORS 180.416 Nonparticipating manufacturer bond; rules. (1) A nonparticipating manufacturer shall post a bond for the benefit of the state, in accordance with this section, which is conditioned on the nonparticipating manufacturer fully complying with the obligations of ORS 323.804 or 323.806
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(2) The bond must be posted at least 10 days in advance of each calendar quarter as a condition to the nonparticipating manufacturer and its brand families being included in the state directory for that quarter. The amount of the bond must be the greater of: (a) The greatest requ…
ORS 180.420 Document retention period. A tobacco product manufacturer that certifies to the Attorney General as required by ORS 180.410 and 180.415 shall retain all invoices and documentation of sales and other information relied upon for the certifications for a period of five years. [2003 c.801 §5]
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Note: See note under 180.400.
ORS 180.425 Attorney General’s directory; rules. (1) The Attorney General shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of ORS 180.410 and 180.415 and all brand families that are listed in the certifications
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(2) The Attorney General may not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with ORS 180.410 and 18…
ORS 180.430 Nonresident nonparticipating manufacturer service agent. (1)(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State of Oregon as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory developed under ORS 180.425, appoint and continuously engage the services of a resident agent in this state. The agent shall act as agent for service of process on whom all process in any action or proceeding against the nonparticipating manufacturer concerning or arising out of the enforcement of this section or ORS 180.410, 180.415, 180.420, 180.435, 180.440 or 323.806, or rules adopted under ORS 180.445 or 180.450, may be served in any manner authorized by law. Service on the agent constitutes legal and valid service of process on the nonparticipating manufacturer
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(b) The nonparticipating manufacturer shall provide the name, address, telephone number and proof of the appointment and availability of the agent to the Attorney General. (2) The nonparticipating manufacturer shall provide notice to the Attorney General at least 30 calendar days…
ORS 180.435 Distributor obligations; production of records and testimony; Attorney General and Department of Revenue information sharing; nonparticipating manufacturer requirements. (1) Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a distributor shall report such information as the Attorney General requires to facilitate compliance by tobacco product manufacturers with this section and ORS 180.410, 180.415, 180.420, 180.430 and 180.440, and with rules adopted under ORS 180.445 and 180.450. The information shall include, but need not be limited to, a list by brand family of the total number of cigarettes or, in the case of roll-your-own tobacco, the equivalent stick count for which the distributor affixed stamps or otherwise paid the tax due during the previous calendar quarter
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(2) A distributor shall maintain for a period of five years all invoices and documentation of sales of cigarettes manufactured by nonparticipating manufacturers and any other information relied upon in reporting to the Attorney General under subsection (1) of this section. The di…
ORS 180.440 Prohibited conduct; penalty. (1) A person may not
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(a) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family that is not included in the directory developed under ORS 180.425; (b) Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand …
ORS 180.441 Prohibited shipping; in-person sale required. (1)(a) A person engaged in the business of selling cigarettes, inhalant delivery systems or smokeless tobacco products for profit may not ship or transport, or cause to be shipped or transported, cigarettes, inhalant delivery systems or smokeless tobacco products ordered or purchased by mail or telephone or through a computer or other electronic network to any person in this state other than a distributor or retailer
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(b) Paragraph (a) of this subsection does not apply to a freight forwarder or motor carrier, as those terms are defined in 49 U.S.C. 13102, as in effect on August 8, 2017, or an air carrier, as defined in 49 U.S.C. 40102, as in effect on August 8, 2017. (2) A retailer may not sel…
ORS 180.445 Quarterly escrow deposits or equity assessment payments; rules. (1) To promote compliance with the provisions of ORS 180.410, 180.415, 180.420, 180.430, 180.435 and 180.440, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits or equity assessment payments required by ORS 323.804 or 323.806 in quarterly installments during the year in which the sales covered by the deposits are made. The Attorney General may require a nonparticipating manufacturer to produce information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit or payment
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(2) If the Attorney General adopts rules requiring a nonparticipating manufacturer to make escrow deposits or payments in quarterly installments, the rules may also provide that a nonparticipating manufacturer that has been in continuous compliance for one year with ORS 180.410, …
ORS 180.448 Attorney General investigative demand. (1) If it appears to the Attorney General that a person, including a person described in ORS 180.441 (1)(b), has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 180.400 to 180.455 or 323.806, or that could lead to the discovery of relevant information in an investigation of a violation of ORS 180.400 to 180.455 or 323.806, the Attorney General may execute an investigative demand and may cause an investigative demand to be served upon the person. The investigative demand may require the person
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(a) To appear and testify under oath at the time and place stated in the investigative demand; (b) To answer written interrogatories; or (c) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand. (2)…
ORS 180.450 Judicial review; civil remedies; rules. (1) A determination by the Attorney General to omit or remove from the directory developed under ORS 180.425 a brand family or tobacco product manufacturer is subject to review in the manner prescribed by ORS 183.484 for judicial review of orders in other than contested cases
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(2) The Attorney General may adopt rules necessary to effect the purposes of ORS 180.400 to 180.455 and 323.106. (3) In any action brought by the state to enforce ORS 180.410, 180.415, 180.420, 180.430, 180.435, 180.440 or 323.806, or any rule adopted under this section or ORS 18…
ORS 180.451 Civil remedies for violation of ORS 180.441; penalty. (1) The Attorney General may bring a civil action in the name of the State of Oregon against a person who violates ORS 180.441 or for the purpose of seeking an injunction to restrain an actual or threatened violation of ORS 180.441 and compel compliance with ORS 180.441
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(2) If a court determines that a person violated ORS 180.441, the court shall order the disgorgement of any profits, gain, gross receipts or other benefit from the violation. All moneys disgorged under this subsection must be deposited in the Tobacco Enforcement Fund established …
ORS 180.455 Revocation or suspension of distributor license; refusal to issue license; penalties; remedies. (1) Upon a determination that a distributor has violated ORS 180.440, the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS 323.140. Each stamp affixed and each offer to sell cigarettes in violation of ORS 180.440 constitutes a separate violation
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(2) Upon a determination that a person applying for a license under ORS 323.105 has violated ORS 180.440 at any time within the five years preceding the application, the department may refuse to issue the license. The department shall provide opportunity for hearing and judicial …
ORS 180.465 Legislative findings. The Legislative Assembly finds that violations of ORS 323.810 to 323.816 threaten the integrity of the Smokeless Tobacco Master Settlement Agreement, the fiscal soundness of the state and the public health. The Legislative Assembly finds that enacting procedural enhancements will aid the enforcement of ORS 323.810 to 323.816 and thereby safeguard the integrity of the Smokeless Tobacco Master Settlement Agreement, the fiscal soundness of the state and the public health. [2009 c.717 §6]
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[Repealed or reserved.]
ORS 180.468 Definitions. As used in ORS 180.465 to 180.494
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(1) “Distributor” means a person who is licensed under ORS 323.530 and any other person who is a distributor for the purposes of ORS 323.500 to 323.645. (2) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer. (3) “Parti…
ORS 180.471 Manufacturer certification. (1) Every tobacco product manufacturer whose smokeless tobacco products are sold in this state, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver a certification to the Attorney General certifying that, as of the date of the certification, the tobacco product manufacturer is either
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(a) A participating manufacturer; or (b) In full compliance with ORS 323.816 and with rules adopted under ORS 180.489 and 180.491. (2) The certification required by subsection (1) of this section shall be on a form prescribed by the Attorney General and shall be submitted no late…
ORS 180.474 Nonparticipating manufacturer certification; rules. In the certification required by ORS 180.471, a nonparticipating manufacturer shall further certify
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(1) That the nonparticipating manufacturer is registered to do business in the State of Oregon or has appointed a resident agent for service of process and provided notice of the appointment as required by ORS 180.480. (2) That the nonparticipating manufacturer: (a) Has establish…
ORS 180.477 Attorney General’s directory; rules. (1) The Attorney General shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of ORS 180.471 and 180.474
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(2) The Attorney General may not include or retain in the directory the name of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with ORS 180.471 and 180.474, unless the …
ORS 180.480 Nonresident nonparticipating manufacturer service agent. (1)(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State of Oregon as a foreign corporation or business entity shall, as a condition precedent to being listed or retained in the directory developed under ORS 180.477, appoint and continuously engage the services of a resident agent in this state. The agent shall act as agent for service of process on whom all process in any action or proceeding against the nonparticipating manufacturer concerning or arising out of the enforcement of this section or ORS 180.471, 180.474, 180.477, 180.483, 180.486 or 323.816, or rules adopted under ORS 180.489 and 180.491, may be served in any manner authorized by law. Service on the agent constitutes legal and valid service of process on the nonparticipating manufacturer
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(b) The nonparticipating manufacturer shall provide the name, address, telephone number and proof of the appointment and availability of the agent to the Attorney General. (2) The nonparticipating manufacturer shall provide notice to the Attorney General at least 30 calendar days…
ORS 180.483 Distributor obligations; Attorney General and Department of Revenue information sharing; nonparticipating manufacturer escrow requirements. (1) Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a distributor of smokeless tobacco products subject to the requirements of ORS 323.500 to 323.645 shall report such information as the Attorney General requires to facilitate compliance by tobacco product manufacturers with this section and ORS 180.471, 180.474, 180.477, 180.480, 180.486 and 323.816 and with rules adopted under ORS 180.489 and 180.491. The information shall include, but need not be limited to, a list of the total number of units sold of smokeless tobacco products for which the distributor paid the tax due during the previous calendar quarter
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(2) A distributor shall maintain for a period of five years all invoices and documentation of sales of smokeless tobacco products manufactured by nonparticipating manufacturers and any other information relied upon in reporting to the Attorney General under subsection (1) of this…
ORS 180.486 Prohibited conduct; penalty. (1) A person may not
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(a) Sell, offer for sale or possess for sale in this state smokeless tobacco products of a tobacco product manufacturer that is not included in the directory developed under ORS 180.477; (b) Sell, offer for sale or possess for sale in this state smokeless tobacco products of a to…
ORS 180.489 Quarterly escrow deposits; rules. (1) To promote compliance with the provisions of ORS 180.471, 180.474, 180.477, 180.480, 180.483 and 180.486, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits required by ORS 323.816 in quarterly installments during the year in which the sales covered by the deposits are made. The Attorney General may require a nonparticipating manufacturer to produce information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit
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(2) If the Attorney General adopts rules requiring a nonparticipating manufacturer to make escrow deposits in quarterly installments, the rules may also provide that a nonparticipating manufacturer that has been in continuous compliance for one year with ORS 180.471, 180.474, 180…
ORS 180.491 Judicial review; civil remedies; rules. (1) A determination by the Attorney General to omit or remove a tobacco product manufacturer from the directory developed under ORS 180.477 is subject to review in the manner prescribed by ORS 183.484 for judicial review of orders in other than contested cases
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(2) The Attorney General may adopt rules necessary to effect the purposes of ORS 180.465 to 180.494 and 323.520 (3). (3) In any action brought by the state to enforce ORS 180.471, 180.474, 180.477, 180.480, 180.483, 180.486 or 323.816, or any rule adopted under this section or OR…
ORS 180.494 Revocation or suspension of distributor license; refusal to issue license; penalties; remedies. (1) Upon a determination that a distributor has violated ORS 180.486, the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS 323.535. Each offer to sell smokeless tobacco products in violation of ORS 180.486 constitutes a separate violation
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(2) Upon a determination that a person applying for a license under ORS 323.520 has violated ORS 180.486 at any time within the five years preceding the application, the department may refuse to issue the license. The department shall provide opportunity for hearing and judicial …
ORS 180.500 Model training program for groups and agencies that interact with persons who have experienced trauma. The Department of Justice shall develop a model training program for groups and agencies that interact with persons who have experienced trauma. The model training program must, at a minimum
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(1) Be research-based and take into account the psychological and neurological effects of trauma; (2) Utilize best practices when recommending techniques for interacting with persons who have experienced trauma; (3) Have the objective of minimizing further trauma; and (4) Take in…
ORS 180.502 Training program concerning human trafficking awareness and prevention. (1) No later than January 1, 2025, the Department of Justice shall develop a training program for state agency employees concerning human trafficking awareness and prevention
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(2) Beginning January 1, 2025, the training described in subsection (1) of this section shall be completed on an annual basis by those employees of the following agencies who the agency determines are likely to come into contact with potential human trafficking victims, and any o…
ORS 180.510 Functions of Department of Justice; personnel. The Department of Justice shall carry out the functions of the Attorney General under this section and ORS 20.098, 83.710 to 83.750, 83.820 to 83.895, 180.520, 336.184, 646.605 to 646.656, 646.990, 803.375, 803.385 and 815.410 to 815.430. The Attorney General may employ personnel necessary to carry out the duties and functions described in this section and fix their compensation, subject to any applicable provisions of the State Personnel Relations Law. [1971 c.744 §25; 1981 c.320 §2; 1985 c.251 §10]
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[Repealed or reserved.]
ORS 180.520 Duties of department; agency cooperation; Consumer Advisory Council created; membership; compensation and expenses. (1) It shall be the duty of the Department of Justice to
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(a) Coordinate consumer services carried on by state departments and agencies; (b) Further consumer education; (c) Conduct studies and research concerned with consumer services; receive, process, investigate and take action on complaints from consumers; and refer such complaints …
ORS 180.540 Review of consumer contracts for conformity with plain language standards. (1) Except as provided in subsection (2) of this section, a seller or extender of credit may submit to the Department of Justice a consumer contract issued by the seller or extender of credit for the purpose of obtaining review of the consumer contract for the consumer contract’s compliance with plain language standards in ORS 180.545
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(2) For the purpose of obtaining a review of a consumer contract for the consumer contract’s compliance with plain language standards in ORS 180.545, if a consumer contract: (a) Is an insurance policy, the seller or extender of credit issuing the policy may submit the policy to t…
ORS 180.545 Plain language standards; approval; fees. (1) The agency to whom a consumer contract is submitted under ORS 180.540 shall review the contract to determine whether it complies with plain language standards. A consumer contract complies with plain language standards if it
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(a) Uses words that convey meanings clearly and directly; (b) Uses the present tense and active voice whenever possible; (c) Primarily uses simple sentences; (d) Defines only those words that cannot be properly explained or qualified in the text; (e) Explains at the beginning tha…
ORS 180.550 Compliance statement. A seller or extender of credit may state the following on a consumer contract determined by the reviewing agency to comply with the plain language standards under ORS 180.545: “The form of this contract meets Oregon plain language guidelines.” [1985 c.587 §3]
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Note: See note under 180.540.
ORS 180.555 Exemptions; effect of certification; admissibility. (1) An agency need not review any consumer contract
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(a) For which a federal or state statute, rule or regulation prescribes standards of readability applicable to the entire contract. (b) For which particular words, phrases, provisions or forms of agreement are specifically required, recommended or indorsed by a state or federal s…
ORS 180.600 Definitions. As used in ORS 180.600 to 180.630
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(1) “Department” means the state Department of Justice. (2) “Organized crime” means any combination or conspiracy of two or more persons to engage in criminal activity as a significant source of income or livelihood, or to violate, aid or abet the violation of criminal laws relat…
ORS 180.610 Investigation of organized criminal activity; powers and duties of department. The Department of Justice shall
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(1) Provide all administrative, clerical, investigative and legal assistance required by ORS 180.600 to 180.630. (2) Establish a coordinated system of collecting, storing and disseminating information relating to organized crime. (3) Develop and maintain a liaison between local, …
ORS 180.620 Investigators to have authority of peace officers. All investigators employed pursuant to ORS 180.600 to 180.630 shall have all statutory powers and authority of peace officers and police officers of the State of Oregon. [1977 c.754 §3]
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[Repealed or reserved.]
ORS 180.630 Acceptance of federal grant of funds; expenditure limitations. Subject to the provisions of ORS 291.375, the Department of Justice may submit applications for federal grants and, when approved, accept and expend funds received subject to budgetary limits imposed by the Legislative Assembly or as modified by the Emergency Board. [1977 c.754 §4]
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[Repealed or reserved.]
ORS 180.640 Criminal Justice Revolving Account. (1) There is hereby established an account in the General Fund in the State Treasury to be known as the Criminal Justice Revolving Account. The creation of and disbursement of moneys from the revolving account shall not require an allotment or allocation of moneys pursuant to ORS 291.234 to 291.260. All moneys in the account are continuously appropriated for the purposes set forth in subsection (3) of this section
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(2) Notwithstanding ORS 180.180, all costs of investigation and prosecution, including attorney fees, awarded to the Department of Justice in an action or proceeding under ORS 166.715 to 166.735, whether by final judgment, settlement or otherwise, and all proceeds of civil penalt…
ORS 180.650 [2001 c.619 §1; repealed by 2016 c.74 §5]
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[Repealed or reserved.]
ORS 180.660 [2001 c.619 §2; repealed by 2016 c.74 §5]
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(Batterers’ Intervention Programs)
ORS 180.700 Advisory committee; rules. (1) The Attorney General shall appoint an advisory committee composed of
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(a) Representatives from local supervisory authorities, batterers’ intervention programs and domestic violence victims’ advocacy groups; and (b) Persons who: (A) Are experienced with evidence-based practices specific to reducing recidivism that take into account risk factors, nee…
ORS 180.710 Program reviews. (1) A local supervisory authority, in consultation with a local domestic violence coordinating council recognized by this state or a county, may periodically review batterers’ intervention programs located within the jurisdiction of the local supervisory authority for compliance with rules promulgated under ORS 180.700
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(2) If a review is completed under subsection (1) of this section, a copy of the review shall be sent by the local supervisory authority to the presiding judge and the district attorney for the county in which the local supervisory authority operates. [2001 c.634 §2] Note: See no…
ORS 180.720 Hope Card Program; rules. (1) The Department of Justice shall develop, implement and administer a statewide Hope Card Program for the issuance of information cards regarding eligible civil protection orders
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(2) The department, by rule, shall establish eligibility requirements for eligible civil protection orders. (3) Upon request, the Hope Card Program shall provide one or more information cards to a person protected by an eligible civil protection order. (4) An information card iss…
ORS 180.750 Definitions. As used in ORS 180.750 to 180.785
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(1) “Claim” means a request or demand made to a public agency, including a request or demand made pursuant to a contract, that seeks moneys, property, services or benefits that will be provided in whole or in part by a public body, whether directly or through reimbursement of ano…
ORS 180.755 Prohibited acts. (1) A person may not
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(a) Present for payment or approval, or cause to be presented for payment or approval, a claim that the person knows is a false claim. (b) In the course of presenting a claim for payment or approval, make or use, or cause to be made or used, a record or statement that the person …
ORS 180.760 Civil action for violation; remedies; penalty. (1) The Attorney General may bring a civil action in the name of the State of Oregon against a person who violates ORS 180.755. The Attorney General may bring the action in the Circuit Court for Marion County or in a circuit court in any county in which part of the conduct that constituted the violation took place
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(2) Repayment of or intent to repay any amounts obtained by a person as a result of a violation of ORS 180.755 is not a defense in an action under this section. (3) The fact that a public agency has not paid any amounts to a person as a result of a violation of ORS 180.755 or has…
ORS 180.765 Statute of limitation. An action under ORS 180.760 must be brought within five years after the date that the Attorney General discovers the violation of ORS 180.755. In no event may an action under ORS 180.760 be brought more than 10 years after the date on which the violation is committed. [2009 c.292 §4; 2023 c.104 §2]
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Note: See note under 180.750.