(2)(a) If an individual fails to comply with a subpoena or order of the department or to produce or permit the examination or inspection of any books, papers, records and equipment pertinent to an investigation or inquiry under ORS 320.400 to 320.490 and 803.203, or to testify to any matter regarding which the individual is lawfully interrogated, the department may apply to the Oregon Tax Court or to the circuit court of the county in which the individual resides or where the individual is for an order to the individual to attend and testify or otherwise comply with the demand or request of the department.
(b) The department shall apply to the court by ex parte motion, upon which the court shall make an order requiring the individual against whom the motion is directed to comply with the request or demand of the department within 10 days after the service of the order, or within the additional time granted by the court, or to justify the failure within that time. The order shall be served upon the individual to whom it is directed in the manner required by this state for service of process, which is required to confer jurisdiction upon the court.
(3) Failure to obey any order issued by the court under this section is contempt of court.
(4) The remedy provided by this section is in addition to other remedies, civil or criminal, existing under the tax laws or other laws of this state. [2017 c.750 ยง102]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 320 - Miscellaneous Taxes
Section 320.005 - Definitions for ORS 320.005 to 320.150.
Section 320.011 - Amusement device excise tax; amount.
Section 320.012 - Increase in tax when net receipts exceed specified amounts; rules.
Section 320.013 - Additional tax for Oregon Youth Corps.
Section 320.016 - When tax is due; replacing amusement devices.
Section 320.075 - Joint and several liability for tax; late payment penalty.
Section 320.080 - Procedure on failure to pay tax or penalty.
Section 320.100 - Distribution of tax receipts.
Section 320.120 - Employment of agents.
Section 320.170 - Restriction on construction tax imposed by school district.
Section 320.176 - Limitations; rates; adjustment by Department of Revenue.
Section 320.179 - School district resolutions; collections; requirements.
Section 320.183 - Long-term facilities plan for capital improvements.
Section 320.195 - Deposit of revenues; required uses.
Section 320.300 - Definitions for ORS 320.300 to 320.365.
Section 320.303 - Invoice to be provided upon payment of tax.
Section 320.308 - Exemptions; exception.
Section 320.315 - Due date and form of returns; payment of tax.
Section 320.325 - Amounts held in trust; enforcement; joint and several liability.
Section 320.330 - Applicability of other provisions of tax law.
Section 320.335 - Distribution of moneys received.
Section 320.340 - Exemption from public records law.
Section 320.345 - Collector reimbursement charges.
Section 320.350 - Tax moratorium; exceptions; uses of revenues.
Section 320.355 - Computation of tax; total retail price; when tax due.
Section 320.357 - Exemption of military facilities used for temporary occupancy.
Section 320.360 - Due date of returns; payment of tax; preemption.
Section 320.400 - Definitions for ORS 320.400 to 320.490 and 803.203.
Section 320.401 - Transportation project tax expenditures in continuous effect.
Section 320.420 - Collection of use tax; time of collection; presumptions of use in this state.
Section 320.425 - Exempt sales; nonresident purchasers; certain auction sales; resale certificates.
Section 320.435 - Deposit of revenue from motor vehicle privilege and use taxes.
Section 320.440 - Deposit of revenue from excise tax on bicycles.
Section 320.460 - Sellers required to keep records; examination of records by Department of Revenue.
Section 320.465 - Subpoena authority of Department of Revenue; enforcement; contempt of court.
Section 320.470 - Disclosure of information; appeal.
Section 320.485 - Agreement with Department of Transportation for collection of use tax.
Section 320.490 - Local government motor vehicle tax moratorium.