(2) The bond must be posted at least 10 days in advance of each calendar quarter as a condition to the nonparticipating manufacturer and its brand families being included in the state directory for that quarter. The amount of the bond must be the greater of:
(a) The greatest required escrow amount due from the nonparticipating manufacturer or its predecessor for any of the 12 preceding calendar quarters; or
(b) $25,000.
(3) If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter, the Attorney General may execute upon the bond in the amount equal to any remaining amount of the escrow due, including any applicable penalties or other charges allowable by law. Amounts the Attorney General collects on a bond shall be deposited into the General Fund for the benefit of the state and shall reduce the amount of escrow due from the nonparticipating manufacturer in the dollar amount collected. Escrow obligations above the amount collected on the bond remain due from the nonparticipating manufacturer and any importer liable as provided in ORS 323.806.
(4) The bond required under this section must be a good and sufficient bond executed by a surety company licensed and authorized to do business in Oregon and shall be conditioned to pay the escrow requirements as well as any penalties or other charges under this chapter.
(5) The Attorney General may promulgate rules necessary to implement this section including acceptable forms and types of bonds. [2017 c.687 §9]
Note: See note under 180.400.
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 180 - Attorney General; Department of Justice
Section 180.060 - Powers and duties of Attorney General.
Section 180.073 - Subpoena authority in criminal investigation.
Section 180.075 - Disclosure of information obtained under subpoena.
Section 180.095 - Department of Justice Protection and Education Revolving Account.
Section 180.096 - Use of Countrywide Financial Corporation settlement proceeds.
Section 180.125 - Intergovernmental road maintenance agreements.
Section 180.140 - Other assistants; salaries; representation of indigent clients.
Section 180.160 - Charges for services to public agencies; rules.
Section 180.180 - Department of Justice Operating Account.
Section 180.200 - Department of Justice Client Trust Account.
Section 180.205 - Tobacco Enforcement Fund.
Section 180.220 - Powers and duties.
Section 180.235 - Authority of agency to employ counsel; qualification and salary; status.
Section 180.260 - Service of process by department employees.
Section 180.267 - Authority of Department of Justice to require fingerprints.
Section 180.269 - Biennial litigation reports to Legislative Assembly.
Section 180.345 - Child Support Program; rules.
Section 180.365 - Child Support Suspense Fund.
Section 180.380 - Disclosure of information to authorized persons.
Section 180.400 - Legislative findings.
Section 180.405 - Definitions.
Section 180.410 - Manufacturer certification.
Section 180.415 - Nonparticipating manufacturer certification; rules.
Section 180.416 - Nonparticipating manufacturer bond; rules.
Section 180.420 - Document retention period.
Section 180.425 - Attorney General’s directory; rules.
Section 180.430 - Nonresident nonparticipating manufacturer service agent.
Section 180.440 - Prohibited conduct; penalty.
Section 180.441 - Prohibited shipping; in-person sale required.
Section 180.445 - Quarterly escrow deposits; rules.
Section 180.448 - Attorney General investigative demand.
Section 180.450 - Judicial review; civil remedies; rules.
Section 180.451 - Civil remedies for violation of ORS 180.441; penalty.
Section 180.468 - Definitions.
Section 180.471 - Manufacturer certification.
Section 180.474 - Nonparticipating manufacturer certification; rules.
Section 180.477 - Attorney General’s directory; rules.
Section 180.480 - Nonresident nonparticipating manufacturer service agent.
Section 180.486 - Prohibited conduct; penalty.
Section 180.489 - Quarterly escrow deposits; rules.
Section 180.491 - Judicial review; civil remedies; rules.
Section 180.540 - Review of consumer contracts for conformity with plain language standards.
Section 180.545 - Plain language standards; approval; fees.
Section 180.550 - Compliance statement.
Section 180.555 - Exemptions; effect of certification; admissibility.
Section 180.600 - Definitions.
Section 180.610 - Investigation of organized criminal activity; powers and duties of department.
Section 180.640 - Criminal Justice Revolving Account.
Section 180.700 - Advisory committee; rules.
Section 180.710 - Program reviews.
Section 180.720 - Hope Card Program; rules.
Section 180.750 - Definitions.
Section 180.755 - Prohibited acts.
Section 180.760 - Civil action for violation; remedies; penalty.
Section 180.765 - Statute of limitation.
Section 180.775 - Investigative demand.
Section 180.780 - Distribution of recovered amounts.