Current through 2024 Regular Session legislation effective June 6, 2024
Section 180.491 - Judicial review; civil remedies; rules(1) A determination by the Attorney General to omit or remove a tobacco product manufacturer from the directory developed under ORS 180.477 is subject to review in the manner prescribed by ORS 183.484 for judicial review of orders in other than contested cases.(2) The Attorney General may adopt rules necessary to effect the purposes of ORS 180.465 to 180.494 and 323.520(3).(3) In any action brought by the state to enforce ORS 180.471, 180.474, 180.477, 180.480, 180.483, 180.486 or 323.816, or any rule adopted under this section or ORS 180.489, 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.(4) If a court determines that a person has violated any provision of ORS 180.471, 180.474, 180.477, 180.480, 180.483, 180.486 or 323.816, or any rule adopted under this section or ORS 180.489, 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.(5) Unless otherwise expressly provided, the remedies or penalties provided by this section and ORS 180.486 and 180.494 are cumulative to each other and to the remedies or penalties available under all other laws of this state.