Current through 2024 Regular Session legislation effective June 6, 2024
Section 646A.230 - Action by Attorney General or district attorney; civil and criminal penalties(1)(a) The Attorney General or a district attorney may bring an action in the name of the state against a person to restrain and prevent a violation of ORS 646A.202, 646A.204, 646A.220 or 646A.222.(b) The Attorney General or a district attorney may in the name of the state seek and obtain a civil penalty from a person that violates an order or injunction issued pursuant to this subsection.(2)(a) A person that violates an order or injunction issued pursuant to subsection (1) of this section shall forfeit and pay a civil penalty of not more than $1,000 per violation. The circuit court issuing the order or injunction retains jurisdiction of the action to consider a request for a civil penalty.(b) In an action that a prosecuting attorney brings under this section, the court may award the prevailing party, in addition to any other relief provided by law, reasonable attorney fees at trial and on appeal.(3) A person that willfully and intentionally violates a provision of ORS 646A.220 to 646A.230 commits a Class B misdemeanor. Violation of an order or injunction issued under subsection (1) of this section constitutes prima facie proof of a violation of a provision of ORS 646A.220 to 646A.230.Amended by 2017 Ch. 141, § 5, eff. 5/24/2017, op. 1/1/2018.