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 (Attorney General’s directory) is subject to review in the manner prescribed by ORS 183.484 (Jurisdiction for review of orders other than contested cases) for judicial review of orders in other than contested cases.(2)
The Attorney General may adopt rules necessary to effect the purposes of ORS 180.465 (Legislative findings) to 180.494 (Revocation or suspension of distributor license) and 323.520 (Application for distributor license) (3).(3)
In any action brought by the state to enforce ORS 180.471 (Manufacturer certification), 180.474 (Nonparticipating manufacturer certification), 180.477 (Attorney General’s directory), 180.480 (Nonresident nonparticipating manufacturer service agent), 180.483 (Distributor obligations), 180.486 (Prohibited conduct) or 323.816 (Required actions by manufacturer), or any rule adopted under this section or ORS 180.489 (Quarterly escrow deposits), the state may recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees. Moneys recovered under this subsection shall be deposited into the Tobacco Enforcement Fund established under ORS 180.205 (Tobacco Enforcement Fund).(4)
If a court determines that a person has violated any provision of ORS 180.471 (Manufacturer certification), 180.474 (Nonparticipating manufacturer certification), 180.477 (Attorney General’s directory), 180.480 (Nonresident nonparticipating manufacturer service agent), 180.483 (Distributor obligations), 180.486 (Prohibited conduct) or 323.816 (Required actions by manufacturer), or any rule adopted under this section or ORS 180.489 (Quarterly escrow deposits), the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the Tobacco Enforcement Fund established under ORS 180.205 (Tobacco Enforcement Fund).(5)
Unless otherwise expressly provided, the remedies or penalties provided by this section and ORS 180.486 (Prohibited conduct) and 180.494 (Revocation or suspension of distributor license) are cumulative to each other and to the remedies or penalties available under all other laws of this state. [2009 c.717 §15]
Source:
Section 180.491 — Judicial review; civil remedies; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors180.html.
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