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 (Prohibited conduct), the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS 323.140 (Cancellation, revocation or suspension of license). Each stamp affixed and each offer to sell cigarettes in violation of ORS 180.440 (Prohibited conduct) constitutes a separate violation.(2)
Upon a determination that a person applying for a license under ORS 323.105 (Distributor’s license) has violated ORS 180.440 (Prohibited conduct) 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 review in the manner provided in ORS 323.140 (Cancellation, revocation or suspension of license).(3)
Intentionally left blank —Ed.(a)
Upon a determination that a person has violated ORS 180.440 (Prohibited conduct) (1)(b) or (c), the department may impose a civil penalty in an amount not to exceed the greater of $5,000 or 500 percent of the retail value of the cigarettes sold, offered for sale or possessed for sale. Judicial review of an order imposing a civil penalty shall be as provided in ORS 305.445 (Appeals to Supreme Court) and 305.501 (Appeals to tax court to be heard by magistrate division).(b)
Upon a determination that a person has violated ORS 180.440 (Prohibited conduct) (1)(a), the department may impose a civil penalty in an amount not to exceed $5,000. Judicial review of an order imposing a civil penalty shall be as provided in ORS 305.445 (Appeals to Supreme Court) and 305.501 (Appeals to tax court to be heard by magistrate division).(4)
The Attorney General may seek an injunction to restrain a threatened or actual violation of ORS 180.435 (Distributor obligations) or 180.440 (Prohibited conduct) by a person and to compel the person to comply with those sections. In any action brought pursuant to this subsection, the state may recover the costs of investigation, the costs of the action, reasonable attorney fees and a civil penalty for each violation not to exceed $5,000. The civil penalty must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).(5)
A person who violates ORS 180.440 (Prohibited conduct) (1) engages in an unlawful practice in violation of ORS 646.608 (Additional unlawful business, trade practices). [2003 c.801 §12; 2009 c.70 §2]
Source:
Section 180.455 — Revocation or suspension of distributor license; refusal to issue license; penalties; remedies, https://www.oregonlegislature.gov/bills_laws/ors/ors180.html.
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