ORS 415.265
Injunction prohibiting waste or disposition of property upon petition for delinquency proceeding


(1)

Upon application by the Oregon Health Authority for an order to show cause under ORS 415.261 (Petition for delinquency proceeding), or at any time thereafter, the court may, without notice, issue an injunction restraining a coordinated care organization, its officers, members of its governing board, agents, employees and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court.

(2)

The court may at any time during a delinquency proceeding issue other injunctions or orders to prevent any of the following activities:

(a)

Transacting further business of the coordinated care organization.

(b)

Transferring property.

(c)

Interfering with the receiver or with a delinquency proceeding.

(d)

Wasting assets of a coordinated care organization.

(e)

Dissipating or transferring bank accounts.

(f)

Instituting or further prosecuting any actions or proceedings.

(g)

Obtaining preferences, judgments, attachments, garnishments or liens against the coordinated care organization or its assets.

(h)

Levying execution against the coordinated care organization or its assets.

(i)

The making of a sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the coordinated care organization.

(j)

Withholding from the receiver books, accounts, documents or other records relating to the business of the coordinated care organization.

(k)

Taking any other threatened or contemplated action that might lessen the value of the assets of the coordinated care organization or prejudice the rights of the state, creditors or other interested persons, or the administration of a delinquency proceeding.

(3)

Notwithstanding any other provision of law, the authority may not be required to post bond as a prerequisite for issuing any injunction or restraining order pursuant to this section. [2019 c.478 §35]

Source
Last accessed
May. 15, 2020