2015 ORS 124.125¹
Action by Attorney General, Department of Human Services, other agency or district attorney
  • investigative demands

(1) The Attorney General, the Department of Human Services, a type B area agency, a designee or a district attorney may bring an action against a person who engages in conduct described in ORS 124.105 (Physical abuse subject to action) and 124.110 (Financial abuse subject to action). In addition to remedies otherwise provided in ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction), upon prevailing in the action, the court shall award to the Attorney General, Department of Human Services, type B area agency, designee or district attorney costs of investigation and penalties. Penalties awarded under this section may not exceed $25,000 per occurrence.

(2) The Attorney General may intervene in a civil action brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the state is entitled to the same relief as if the Attorney General instituted the action under the provisions of this section.

(3) When it appears that a person is engaging in conduct described in ORS 124.105 (Physical abuse subject to action) or 124.110 (Financial abuse subject to action), the Attorney General, a district attorney, an attorney representing a type B area agency or a designee may execute in writing and cause to be served an investigative demand upon a person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require the person, under oath or otherwise, to appear and testify, to answer written interrogatories or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as stated in the investigative demand.

(4) 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 a request for privileged material, may be filed in the appropriate court.

(5) Service of an investigative demand under subsection (3) of this section 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 by any of the following methods:

(a) By personal service outside this state;

(b) 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;

(c) In the manner provided for service of summons in an action or suit; or

(d) In accordance with the direction of a court.

(6) If a person, after being served with an investigative demand under subsection (3) of this section, fails or refuses to obey an investigative demand issued by the Attorney General, a district attorney, an attorney representing a type B area agency or a designee, the Attorney General, district attorney, attorney representing a type B area agency or designee may, after notice to an appropriate court and after a hearing, request an order:

(a) Granting injunctive relief to restrain the person from engaging in conduct that is involved in the alleged or suspected violation; or

(b) Granting other relief as may be required, until the person obeys the investigative demand.

(7) Disobedience of a final order of a court under subsection (6) of this section shall be punished as a contempt of court.

(8) ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) apply to the disclosure of financial records by a financial institution pursuant to the service of an investigative demand under subsection (3) of this section. [1995 c.671 §5; 2003 c.265 §1; 2015 c.83 §1; 2015 c.568 §1]

Note: Section 3, chapter 568, Oregon Laws 2015, provides:

Sec. 3. No later than December 31, 2017, type B area agencies and designees, as defined in ORS 124.100 (Definitions for ORS 124.100 to 124.140), shall report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), on the actions brought under the authority granted to type B area agencies and designees by the amendments to ORS 124.125 (Action by Attorney General, Department of Human Services, other agency or district attorney) by section 1 of this 2015 Act. The report must include the number of actions filed, including the number of actions filed on behalf of elderly individuals and the number of actions filed on behalf of individuals with intellectual or developmental disabilities, and the outcomes of the actions. [2015 c.568 §3]

Note: The amendments to 124.125 (Action by Attorney General, Department of Human Services, other agency or district attorney) by section 4, chapter 568, Oregon Laws 2015, become operative July 1, 2018. See section 6, chapter 568, Oregon Laws 2015. The text that is operative on and after July 1, 2018, is set forth for the user’s convenience.

124.125 (Action by Attorney General, Department of Human Services, other agency or district attorney). (1) The Attorney General, the Department of Human Services or a district attorney may bring an action against a person who engages in conduct described in ORS 124.105 (Physical abuse subject to action) and 124.110 (Financial abuse subject to action). In addition to remedies otherwise provided in ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction), upon prevailing in the action, the court shall award to the Attorney General, Department of Human Services or district attorney costs of investigation and penalties. Penalties awarded under this section may not exceed $25,000 per occurrence.

(2) The Attorney General may intervene in a civil action brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the state is entitled to the same relief as if the Attorney General instituted the action under the provisions of this section.

(3) When it appears that a person is engaging in conduct described in ORS 124.105 (Physical abuse subject to action) or 124.110 (Financial abuse subject to action), the Attorney General or a district attorney may execute in writing and cause to be served an investigative demand upon a person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require the person, under oath or otherwise, to appear and testify, to answer written interrogatories or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as stated in the investigative demand.

(4) 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 a request for privileged material, may be filed in the appropriate court.

(5) Service of an investigative demand under subsection (3) of this section 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 by any of the following methods:

(a) By personal service outside this state;

(b) 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;

(c) In the manner provided for service of summons in an action or suit; or

(d) In accordance with the direction of a court.

(6) If a person, after being served with an investigative demand under subsection (3) of this section, fails or refuses to obey an investigative demand issued by the Attorney General or a district attorney, the Attorney General or district attorney may, after notice to an appropriate court and after a hearing, request an order:

(a) Granting injunctive relief to restrain the person from engaging in conduct that is involved in the alleged or suspected violation; or

(b) Granting other relief as may be required, until the person obeys the investigative demand.

(7) Disobedience of a final order of a court under subsection (6) of this section shall be punished as a contempt of court.

(8) ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) apply to the disclosure of financial records by a financial institution pursuant to the service of an investigative demand under subsection (3) of this section.


1 Legislative Counsel Committee, CHAPTER 124—Abuse Prevention and Reporting; Civil Action for Abuse, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors124.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.