(2) The Attorney General may intervene in a civil action brought under ORS 124.100 if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the state is entitled to the same relief as if the Attorney General instituted the action under the provisions of this section.
(3) When it appears that a person is engaging in conduct described in ORS 124.105 or 124.110, the Attorney General or a district attorney may execute in writing and cause to be served an investigative demand upon a person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require the person, under oath or otherwise, to appear and testify, to answer written interrogatories or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as stated in the investigative demand.
(4) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, including a request for privileged material, may be filed in the appropriate court.
(5) Service of an investigative demand under subsection (3) of this section shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods:
(a) By personal service outside this state;
(b) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;
(c) In the manner provided for service of summons in an action or suit; or
(d) In accordance with the direction of a court.
(6) If a person, after being served with an investigative demand under subsection (3) of this section, fails or refuses to obey an investigative demand issued by the Attorney General or a district attorney, the Attorney General or district attorney may, after notice to an appropriate court and after a hearing, request an order:
(a) Granting injunctive relief to restrain the person from engaging in conduct that is involved in the alleged or suspected violation; or
(b) Granting other relief as may be required, until the person obeys the investigative demand.
(7) Disobedience of a final order of a court under subsection (6) of this section shall be punished as a contempt of court.
(8) ORS 192.583 to 192.607 apply to the disclosure of financial records by a financial institution pursuant to the service of an investigative demand under subsection (3) of this section. [1995 c.671 §5; 2003 c.265 §1; 2015 c.83 §1; 2015 c.568 §§1,4]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse
Section 124.005 - Definitions for ORS 124.005 to 124.040.
Section 124.015 - Hearing upon request of respondent; relief; settlement; effect of proceedings.
Section 124.024 - Notice to be given by guardian petitioner.
Section 124.025 - Removal of personal effects; accompanying peace officer; limitation on liability.
Section 124.050 - Definitions for ORS 124.050 to 124.095.
Section 124.060 - Duty of officials to report; exceptions.
Section 124.065 - Method of reporting; content; notice to law enforcement agency and to department.
Section 124.071 - Deadline to complete abuse investigation; exception; written report required.
Section 124.073 - Training for abuse investigators.
Section 124.075 - Immunity of person making report in good faith; identity confidential.
Section 124.077 - Immunity for disclosure to prospective employer.
Section 124.080 - Photographing of victim; photograph as record.
Section 124.088 - Certain privileges not grounds for excluding evidence in court proceedings.
Section 124.090 - Confidentiality of records; exceptions.
Section 124.105 - Physical abuse subject to action.
Section 124.110 - Financial abuse subject to action.
Section 124.115 - Persons not subject to action.