(2) An entity is liable for contempt if:
(a) The conduct constituting contempt is engaged in by an agent of the entity while acting within the scope of employment and on behalf of the entity;
(b) The conduct constituting contempt consists of an omission to discharge a specific duty of affirmative performance imposed on an entity by a court; or
(c) The conduct constituting contempt is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by a high managerial agent of an entity, the board of directors of a corporation, a manager or member of a limited liability company or a partner in a partnership, acting within the scope of employment and on behalf of the entity.
(3) The high managerial agents of an entity, the board of directors of a corporation, the managers and members of a limited liability company and the partners in a partnership are subject to the contempt powers of a court for contempt by an entity if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct constituting contempt.
(4) As used in this section:
(a) "Agent" means a person who is authorized to act on behalf of an entity.
(b) "Entity" has the meaning given that term in ORS 63.001.
(c) "High managerial agent" means an officer of an entity who exercises authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority.
(d) "Manager" and "member" have the meaning given those terms in ORS 63.001.
(e) "Partnership" has the meaning given that term in ORS 67.005. [1991 c.724 §2; 2017 c.153 §1]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 033 - Special Proceedings and Procedures
Section 33.015 - Definitions for ORS 33.015 to 33.155.
Section 33.025 - Nature of contempt power; entity defendants.
Section 33.035 - Appointed counsel.
Section 33.045 - Types of sanctions.
Section 33.055 - Procedure for imposition of remedial sanctions.
Section 33.065 - Procedure for imposition of punitive sanctions.
Section 33.075 - Compelling attendance of defendant.
Section 33.085 - Compelling testimony of witness.
Section 33.105 - Sanctions authorized.
Section 33.135 - Limitations of actions.
Section 33.430 - Change of name on record of live birth; court conference with child.
Section 33.460 - Jurisdiction; grounds; procedure.
Section 33.850 - Definitions for ORS 33.850 to 33.875.
Section 33.855 - Transfer of payment rights; petition; notice.
Section 33.857 - Contents of petition.
Section 33.860 - Disclosure statement.
Section 33.862 - Information that may be requested at hearing.
Section 33.865 - Required findings by court or responsible administrative authority.