Title 3, Remedies and Special Actions and Proceedings

A utility may bring a civil action for damages against any person who knowingly and willfully commits, authorizes, solicits, aids, abets or attempts to: (1) Divert, or cause to be diverted, utility services by any means whatsoever; (2) Make, or cause to be made, any connection or…

In any civil action brought under this section, the utility shall recover from the defendant the greater of actual damages, if any, or $100. Actual damages include the costs incurred on account of the bypassing, tampering or unauthorized reconnection, including but not limited to…

The remedies provided in ORS 30.180 to 30.186 are in addition to, and not in lieu of, any and all other remedies, both civil and criminal, provided by law. [1989 c.670 §4]

As used in ORS 30.192 to 30.196: (1) “Cable operator” means a person who: (a) Lawfully provides cable service over a cable system in which the person, directly or through one or more affiliates, owns a significant interest; or (b) Lawfully controls or is responsible for the manag…

A person shall not knowingly: (1) Obtain cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive the cable operator of lawful compensation for services rendered…

(1) A cable operator may bring a civil action for damages against any person who violates any provision of ORS 30.194. (2) A cable operator who alleges a violation of ORS 30.194 may file for injunctive relief in the circuit court for the county where the alleged violation occurre…

(1) In addition to any other penalty provided by law, a cable operator who prevails on a claim under ORS 30.195 may recover the amount of $3,000. (2)(a) A court may increase an award under subsection (1) of this section to an amount not to exceed $50,000 if the court determines t…

(1) Irrespective of any criminal prosecution or the result thereof, any person injured by a violation of ORS 166.155 or 166.165 shall have a civil action to secure an injunction, damages or other appropriate relief against any person whose actions are unlawful under ORS 166.155 a…

If any district attorney has reasonable cause to believe that any person is engaged in violation of ORS 166.155 or 166.165, the district attorney may bring a civil claim for relief in the appropriate court, setting forth facts pertaining to such violation, and request such relief…

The official undertaking or other security of a public officer to the state, or to any county, city or other public corporation of like character therein, is a security to the state, county, city or public corporation, as the case may be, and also, to all persons severally for th…

When a public officer by official misconduct or neglect of duty forfeits an official undertaking or other security of the public officer, or renders the sureties of the public officer liable thereon, any person injured by the misconduct or neglect, or who is by law entitled to th…

Before an action can be commenced by a plaintiff other than the state, or the public corporation named in the undertaking or security, leave shall be obtained of the court or judge thereof where the action is triable. Such leave shall be granted upon the production of a certified…

A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same undertaking or security for another delinquency.

In an action upon an official undertaking or security, if judgments have already been recovered on the same undertaking or security against the surety therein, other than by confession, and if such recovery is established on the trial, judgment shall not be given against the sure…

As used in ORS 30.260 to 30.300, unless the context requires otherwise: (1) “Department” means the Oregon Department of Administrative Services. (2) “Director” means the Director of the Oregon Department of Administrative Services. (3) “Governing body” means the group or officer …

A private, nonprofit organization described under ORS 30.260 (4)(d) is subject to ORS 30.260 to 30.300 only for the purposes of providing public transportation services. [2005 c.684 §4; 2009 c.67 §17] Note: 30.261 was added to and made a part of 30.260 to 30.300 by legislative ac…

(1) The following facilities and training homes are public bodies for the purposes of ORS 30.260 to 30.300: (a) A nonprofit residential training facility as defined in ORS 443.400, nonprofit residential training home as defined in ORS 443.400 or nonprofit facility as defined in O…

(1) Subject to the limitations of ORS 30.260 to 30.300, every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function …

(1) For the purposes of ORS 30.260 to 30.300, all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all forms of consultation, that are provided on the Oregon Health and Science University campus or in any Oregon Health and Sci…

(1) For the purposes of ORS 30.260 to 30.300, all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all forms of consultation that are provided at a location other than the Oregon Health and Science University campus or one of …

(1) Punitive damages may not be awarded on any claim subject to ORS 30.260 to 30.300. (2) Claims subject to ORS 30.260 to 30.300 are not subject to the limitation imposed by ORS 31.710. (3) A court may not apply the limitations imposed on recovery under ORS 30.271, 30.272 and 30.…

(1) The limitations imposed by this section apply to claims that: (a) Are subject to ORS 30.260 to 30.300; (b) Are made against the state, or against an officer, employee or agent of the state acting within the person’s scope of employment or duties; (c) Arise out of a single acc…

(1) The limitations imposed by this section apply to claims that: (a) Are subject to ORS 30.260 to 30.300; (b) Are made against a local public body, or against an officer, employee or agent of a local public body acting within the person’s scope of employment or duties; (c) Arise…

(1) The limitations imposed by this section apply to claims that: (a) Are subject to ORS 30.260 to 30.300; (b) Are made against a public body, or against a public body’s officers, employees and agents acting within the scope of their employment or duties; (c) Arise out of a singl…

(1) At the request of any party to an action under ORS 30.260 to 30.300, the court shall enter a limited judgment that is limited to the issue of the application of the limitations imposed by ORS 30.271, 30.272 or 30.273. A limited judgment may be entered under this section only …

(1) No action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 to 30.300 shall be maintained unless notice of claim is given as required by this section. (2) Notice of claim shall be given within th…

(1) When notice is received under ORS 30.275 of a claim of professional negligence against a physician, optometrist, dentist, dental hygienist or naturopath who is acting within the scope of employment by a public body or within the scope of duties as defined by ORS 30.267, the p…

(1) The governing body of any local public body may procure insurance against: (a) Tort liability of the public body and its officers, employees and agents acting within the scope of their employment or duties; or (b) Property damage. (2) In addition to, or in lieu of procuring i…

(1) The governing body of any public body shall defend, save harmless and indemnify any of its officers, employees and agents, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in…

(1) If any civil action, suit or proceeding is brought against any officer, employee or agent of a local public body which on its face falls within the provisions of ORS 30.285 (1), or which the officer, employee or agent asserts to be based in fact upon an alleged act or omissio…

The governing body of any local public body may, subject to the provisions of any contract of liability insurance existing, compromise, adjust and settle tort claims against the public body or its officers, employees or agents acting within the scope of their employment for damag…

(1) When a judgment is entered against or a settlement is made by a public body for a claim within the scope of ORS 30.260 to 30.300, including claims against officers, employees or agents required to be indemnified under ORS 30.285, payment shall be made and the same remedies sh…

(1) The Psychiatric Security Review Board is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of the board with respect to the following functions: (a) Conducting hearings as required by law to determ…

(1) Notwithstanding ORS 125.235, the Department of Human Services is liable for damages resulting from the intentional torts of a foster child who is residing in: (a) A foster home that has been certified by the department under the provisions of ORS 418.625 to 418.645, even thou…

(1) Except as otherwise provided in this section, the Department of Human Services is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a foster child if the foster child is residing in: (a) A foster …

ORS 30.260 to 30.300 are exclusive and supersede all home rule charter provisions and conflicting laws and ordinances on the same subject. [1967 c.627 §11] (Certain Retired Health Care Providers)

(1) As used in this section, “retired provider” means any person: (a) Who holds a degree of Doctor of Medicine, Doctor of Osteopathic Medicine or Doctor of Podiatric Medicine, or who has met the minimum educational requirements for licensure to practice naturopathic medicine or a…

A suit or action may be maintained by the State of Oregon or any county, incorporated city, school district or other public corporation of like character in this state, in its corporate name, upon a cause of suit or action accruing to it in its corporate character, and not otherw…

The State of Oregon, any city, county, school district, municipal or public corporation, political subdivision of the State of Oregon or any instrumentality thereof, or any agency created by two or more political subdivisions to provide themselves governmental services may bring …

(1) An incorporated city or any county may maintain civil proceedings in courts of this state against any person or property to enforce requirements or prohibitions of its ordinances or resolutions when it seeks: (a) To collect a fee or charge; (b) To enforce a forfeiture; (c) To…

A suit or action may be maintained against any county and against the State of Oregon by and through and in the name of the appropriate state agency upon a contract made by the county in its corporate character, or made by such agency and within the scope of its authority; provid…

The provisions of ORS 30.310 and 30.320 do not apply to contracts made by the Department of Transportation that provide for arbitration under the provisions of ORS 36.600 to 36.740. [Amended by 2003 c.598 §32]

All actions, suits or proceedings by or against a county shall be in the name of the county, but the county is represented by the county court, which has the power to control the proceeding as if it were plaintiff or defendant, as the case may be.

(1) In any suit, action or proceeding brought in any circuit court of this state, affecting the title to real property on which a governmental unit has, or claims to have, a lien, other than a suit, action or proceeding to foreclose tax liens or special improvement liens, the gov…

In any suit, action or proceeding commenced under the provisions of ORS 30.360 to which the state is made a party, service of summons upon the state shall be made upon the Attorney General. In addition to other required content, any summons served pursuant to this section shall s…

No assignee of any claim against any county, city or municipal corporation of this state or any county, city or municipal officer in this state, for money claimed to have been illegally charged or exacted by such county, city or municipal corporation or such officer, except money…

If judgment is given for the recovery of money or damages against a public corporation mentioned in ORS 30.310, no execution shall issue thereon for the collection of such money or damages, but the judgment shall be satisfied as follows: (1) The party in whose favor the judgment …

(1) The governing body of any municipal corporation, as defined in ORS 297.405, may compromise, adjust and settle claims other than tort claims against the municipal corporation, its officers, employees or agents acting within the scope of their employment, and may, subject to pr…

An action may be maintained by or against any public officer in this state in an official character, when, as to such cause of action, the officer does not represent any of the public corporations mentioned in ORS 30.310, for any of the causes specified in such section and ORS 30…

(1) A public servant or the public servant’s employer may petition a circuit court for an order enjoining a person who engages in conduct that: (a) Is directed at the public servant; (b) Relates to the public servant’s employment or the public servant’s status as an elected or ap…