2017 ORS 646.963¹
Civil penalties

(1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection (2) of this section on any person who violates any provision of ORS 646.947 (Prohibited activities), 646.949 (Signs identifying octane rating) or 646.953 (Orders of Director of Agriculture), rules adopted under ORS 646.957 (Rules) or orders issued under ORS 646.953 (Orders of Director of Agriculture).

(2) The director may impose civil penalties for violations described in subsection (1) of this section that are:

(a) Not more than $500 for a first violation.

(b) Not more than $2,500 for a second violation within two years from the date of the first violation.

(c) Not more than $10,000 for a third violation within two years from the date of the first violation.

(3) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on any person who violates any provision of ORS 646.932 (Requirement to post amount per gallon of gasoline that is federal, state and local tax) as follows:

(a) A notice of noncompliance for a first violation.

(b) A notice of violation for a second violation.

(c) Not more than $50 for a third violation.

(d) Not more than $100 for any violation after a third violation.

(4) In imposing a penalty under subsection (2) or (3) of this section, the director shall consider the following factors:

(a) The gravity of the violation.

(b) The scope of the violation.

(c) The past history of the person incurring the penalty.

(d) In the case of a penalty to be imposed on a retail dealer or nonretail dealer, the degree of knowledge by the dealer of the violation.

(5) Any monetary civil penalty under this section shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).

(6) Monetary civil penalties collected under this section shall be deposited into the Motor Vehicle Fuel Inspection Program Account. [1997 c.310 §7; 2017 c.437 §2]

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not “preempted” by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.