2015 ORS 180.494¹
Revocation or suspension of distributor license
  • refusal to issue license
  • penalties
  • remedies

(1) Upon a determination that a distributor has violated ORS 180.486 (Prohibited conduct), the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS 323.535 (Cancellation, suspension or revocation of license). Each offer to sell smokeless tobacco products in violation of ORS 180.486 (Prohibited conduct) constitutes a separate violation.

(2) Upon a determination that a person applying for a license under ORS 323.520 (Application for distributor license) has violated ORS 180.486 (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 323.535 (Cancellation, suspension or revocation of license).

(3)(a) Upon a determination that a person has violated ORS 180.486 (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 smokeless tobacco products 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 180.486 (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 180.483 (Distributor obligations) or 180.486 (Prohibited conduct) by a distributor and to compel the distributor to comply with ORS 180.483 (Distributor obligations) and 180.486 (Prohibited conduct). In any action brought pursuant to this subsection, the state may recover the costs of investigation, the costs of the action and reasonable attorney fees.

(5) A person who violates ORS 180.486 (Prohibited conduct) (1) engages in an unlawful practice in violation of ORS 646.608 (Additional unlawful business, trade practices). [2009 c.717 §16]

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.