(2) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for damages for any violation of ORS 179.495 or 179.505 and to restrain future violations. If a violation of ORS 179.495 or 179.505 is proven, the person commencing the action shall recover actual damages or $500, whichever is greater. Upon a showing of an intentional violation of ORS 179.495 or 179.505, the individual may receive punitive damages. The prevailing party in an action brought under this subsection shall receive reasonable attorney fees at trial and on appeal and costs and disbursements actually incurred. [1977 c.812 §4; 1979 c.284 §120; 1981 c.897 §39; 2003 c.88 §3]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 179 - Administration of State Institutions
Section 179.010 - Definitions.
Section 179.040 - General powers and duties; rules.
Section 179.045 - Reports on convictions; forms; confidentiality.
Section 179.055 - Disposition of income from property; maintenance of property.
Section 179.210 - Claim for injury or damage; conditions.
Section 179.240 - Procedure where award due person owing debt to state.
Section 179.321 - Responsibility to supervise state institutions.
Section 179.331 - Appointment, suspension and removal of superintendents.
Section 179.340 - Salaries and expenses of superintendents.
Section 179.360 - Powers and duties of superintendents.
Section 179.375 - Chaplaincy services.
Section 179.380 - Employment of staff; oaths and bonds.
Section 179.405 - License required for teachers at institution.
Section 179.471 - Definitions for ORS 179.473 and 179.478.
Section 179.473 - Transfers between institutions; rules.
Section 179.492 - Dispensing of brand-name mental health drugs.
Section 179.495 - Disclosure of written accounts of adult in custody; penalty.
Section 179.505 - Disclosure of written accounts by health care services provider.
Section 179.507 - Enforcement of ORS 179.495 and 179.505; actions; venue; damages.
Section 179.508 - Disclosure of individually identifiable health information about adult in custody.
Section 179.509 - Reports on deaths at institutions; compilation submitted to President and Speaker.
Section 179.510 - "Funds" defined; deposit of funds of institution residents with State Treasurer.
Section 179.560 - Members; appointment; terms; meetings.
Section 179.570 - Powers and duties of board; report to legislature.
Section 179.580 - Ad hoc committees.
Section 179.610 - Definitions for ORS 179.610 to 179.770.
Section 179.620 - Liability of person or estate for cost of care.
Section 179.653 - Unpaid costs as lien on property; order; when appealable.
Section 179.655 - Enforcement of lien; distraint warrant.
Section 179.701 - Determination of cost-of-care rates.
Section 179.711 - Remittance of amounts due; refunds.
Section 179.740 - Collection from estates; settlement.
Section 179.750 - Equal care and services for persons in state institutions.