2015 ORS 180.450¹
Judicial review
  • civil remedies
  • rules

(1) A determination by the Attorney General to omit or remove from the directory developed under ORS 180.425 (Attorney General's directory) a brand family or tobacco product manufacturer 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 180.400 (Legislative findings) to 180.455 (Revocation or suspension of distributor license) and 323.106 (Certification of intent to comply with reporting, recordkeeping and directory participation requirements).

(3) In any action brought by the state to enforce ORS 180.410 (Manufacturer certification), 180.415 (Nonparticipating manufacturer certification), 180.420 (Document retention period), 180.430 (Nonresident nonparticipating manufacturer service agent), 180.435 (Distributor obligations), 180.440 (Prohibited conduct) or 323.806 (Required actions by manufacturers), or any rule adopted under this section or ORS 180.445 (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 180.410 (Manufacturer certification), 180.415 (Nonparticipating manufacturer certification), 180.420 (Document retention period), 180.430 (Nonresident nonparticipating manufacturer service agent), 180.435 (Distributor obligations) or 180.440 (Prohibited conduct), or any rule adopted under this section or ORS 180.445 (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 180.440 (Prohibited conduct) and 180.455 (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. [2003 c.801 §10]

Note: See note under 180.400 (Legislative findings).

Chapter 180

Notes of Decisions

State Accident Insurance Fund Corpora­tion is subject to the pro­vi­sions of this chapter relating to legal representa­tion. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff'd 294 Or 570, 660 P2d 1061 (1983)

Atty. Gen. Opinions

Legal business of Oregon Medical Insurance Pool is not part of state's legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state of­fi­cer or agency, (1989) Vol 46, p 155


1 Legislative Counsel Committee, CHAPTER 180—Attorney General; Department of Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors180.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 180, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano180.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.