141 sections in this chapter.
ORS 618.466 [1973 c.374 §18; repealed by 1999 c.1051 §111]
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[Repealed or reserved.]
ORS 618.470 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.480 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.490 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.500 [Repealed by 1973 c.293 §55]
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SECURITY SEAL ENFORCEMENT
ORS 618.501 Definitions. As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise
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(1) “Appropriate court” means the circuit court of a county: (a) Where one or more of the defendants reside; (b) Where one or more of the defendants maintain a principal place of business; (c) Where one or more of the defendants are alleged to have committed a security seal viola…
ORS 618.506 Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs. (1) A prosecuting attorney who has probable cause to believe that a person is committing or has committed a security seal violation may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from committing the alleged violation
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(2) Before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged security seal violation and the relief to be sought. Such notice shall be served in the manner set forth in ORS 618.526 for the servic…
ORS 618.510 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.511 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of a security seal violation, or as may be necessary to insure cessation of such violations, pursuant to ORS 618.506. [1973 c.294 §4]
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[Repealed or reserved.]
ORS 618.516 Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action. (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it considers necessary or proper
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(2) Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the A…
ORS 618.520 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.521 Investigative demand; petition to modify. (1) When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand or to do any of the foregoing, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce which is the subject matter of the investigation
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(2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged materi…
ORS 618.526 Method of serving investigative demand. Service of an investigative demand under ORS 618.521 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made in the following manner
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(1) By personal service outside this state; (2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended; (3) In the manner provided for service of summons in a…
ORS 618.530 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.531 Effect of failure to obey investigative demand. (1) If any person after being served with an investigative demand under ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order
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(a) Granting injunctive relief to restrain the person from engaging in the conduct of any activity that is involved in the alleged or suspected violation; or (b) Granting such other relief as may be required, until the person obeys the investigative demand. (2) Any disobedience o…
ORS 618.536 [1973 c.294 §9; renumbered 618.995 in 2001]
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[Repealed or reserved.]
ORS 618.540 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.541 Loss of license for operation in violation of injunction. Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering instrument or device operated in violation of the terms of any injunction issued under ORS 618.506. [1973 c.294 §10]
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[Repealed or reserved.]
ORS 618.546 Reports by district attorney to Attorney General; filing of voluntary compliances. A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 618.506 to 618.541 and 618.995, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 618.506. [1973 c.294 §11]
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[Repealed or reserved.]
ORS 618.550 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.551 Remedies supplementary to existing statutory or common law remedies. The remedies provided in ORS 618.506 to 618.541 and 618.995 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1973 c.294 §12]
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[Repealed or reserved.]
ORS 618.610 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.620 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.630 [Amended by 1955 c.97 §1; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.640 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.710 [Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.720 [Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.730 [Amended by 1953 c.373 §8; 1961 c.643 §2; 1967 c.122 §1; 1969 c.88 §1; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.732 [1967 c.122 §3; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.735 [1961 c.643 §5; 1969 c.88 §2; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.740 [Amended by 1967 c.122 §2; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.750 [Amended by 1961 c.643 §3; renumbered 618.065]
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[Repealed or reserved.]
ORS 618.760 [1953 c.373 §6; repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.770 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.780 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.790 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.800 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.810 [Repealed by 1973 c.293 §55]
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[Repealed or reserved.]
ORS 618.990 [Repealed by 1973 c.293 §55]
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PENALTIES
ORS 618.991 Penalties. (1) Violation of ORS 618.086, 618.096, 618.121 or 618.201 is a Class B misdemeanor
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(2) For the purposes of this section, each day of violation of ORS 618.086, 618.096, 618.121 or 618.201 is a separate offense and the penalties provided in subsection (1) of this section apply to each such offense. [1973 c.293 §54; 2011 c.597 §252]
ORS 618.995 Civil penalties. (1) Any person who willfully violates the terms of an injunction issued under ORS 618.506 shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties
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(2) Any person who by an assurance of voluntary compliance submitted under ORS 618.506 agrees not to commit a security seal violation and thereafter willfully violates such assurance shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. The pro…