(2) Upon a determination that a person applying for a license under ORS 323.520 has violated ORS 180.486 at any time within the five years preceding the application, the department may refuse to issue the license. The department shall provide opportunity for hearing and judicial review in the manner provided in ORS 323.535.
(3)(a) Upon a determination that a person has violated ORS 180.486 (1)(b) or (c), the department may impose a civil penalty in an amount not to exceed the greater of $5,000 or 500 percent of the retail value of the smokeless tobacco products sold, offered for sale or possessed for sale. Judicial review of an order imposing a civil penalty shall be as provided in ORS 305.445 and 305.501.
(b) Upon a determination that a person has violated ORS 180.486 (1)(a), the department may impose a civil penalty in an amount not to exceed $5,000. Judicial review of an order imposing a civil penalty shall be as provided in ORS 305.445 and 305.501.
(4) The Attorney General may seek an injunction to restrain a threatened or actual violation of ORS 180.483 or 180.486 by a distributor and to compel the distributor to comply with ORS 180.483 and 180.486. In any action brought pursuant to this subsection, the state may recover the costs of investigation, the costs of the action and reasonable attorney fees.
(5) A person who violates ORS 180.486 (1) engages in an unlawful practice in violation of ORS 646.608. [2009 c.717 §16]
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.