2021 Oregon Revised Statutes
Chapter 618 - Weights and Measures
Section 618.506 - Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs.


(2) Before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged security seal violation and the relief to be sought. Such notice shall be served in the manner set forth in ORS 618.526 for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged violation. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. Violation of an assurance of voluntary compliance which has been approved by and filed with the court constitutes a contempt of court. The notice of the prosecuting attorney under this subsection is not a public record until the expiration of 10 days from the service of the notice.
(3) Notwithstanding subsection (2) of this section, if the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section.
(4) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.
(5) The court may award reasonable attorney fees at trial and on appeal to the prevailing party in a suit brought under this section. If the defendant prevails in such a suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsection (3) of this section, did not have reasonable grounds to proceed under that subsection, the court shall award reasonable attorney fees at trial and on appeal to the defendant. If the state prevails, the reasonable expenses of investigation, preparation and prosecution shall be taxed against the defendant, upon application of the prosecuting attorney, in the same manner as costs are taxed and shall be in addition thereto. [1973 c.294 §3; 1981 c.897 §70]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 618 - Weights and Measures

Section 618.010 - Definitions.

Section 618.016 - Policy.

Section 618.021 - Duties of director.

Section 618.031 - Rulemaking authority.

Section 618.041 - Standards for weights and measures system; security of state primary standard.

Section 618.056 - Testing and inspecting weights and measures offered for sale or used commercially; rules.

Section 618.066 - Department investigation of alleged weights and measures law violations; exempt devices.

Section 618.071 - Inspection and investigation authority of department; written notices for minor violations.

Section 618.076 - Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment.

Section 618.086 - Orders restricting distribution of weights and measures.

Section 618.096 - Prohibited acts involving commercial weights and measures.

Section 618.115 - Voluntary inspection of weighing or measuring instruments; fees.

Section 618.126 - Exemptions from licensing requirement.

Section 618.131 - Weights and measures licenses in addition to other licenses; effect of conflicting laws.

Section 618.136 - Establishing license fees; renewals; disposition of fees.

Section 618.141 - Maximum license fees.

Section 618.146 - Term of licenses; suspension and revocation of licenses.

Section 618.156 - Forms, certificates and identification tags; license application forms.

Section 618.201 - Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order.

Section 618.206 - Manner of selling commodities; exemptions; rules.

Section 618.211 - Labeling of packaged commodities; use of labeling terms restricted; scope of rules.

Section 618.226 - Commodity price and quantity advertising requirements; restriction on use of certain advertising terms.

Section 618.236 - Price misrepresentation prohibited; expressing fractional prices.

Section 618.241 - Written invoice of certain commodity sales required; contents of writing.

Section 618.246 - Sale by weight required for certain food products; labeling requirements.

Section 618.275 - Testing and inspection of scales; use without seal prohibited; sealing device; tests and inspection of cars; interstate cooperation.

Section 618.406 - Definitions; citations for certain violations; delegation of authority; service of citations; recording.

Section 618.501 - Definitions.

Section 618.506 - Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs.

Section 618.516 - Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action.

Section 618.521 - Investigative demand; petition to modify.

Section 618.526 - Method of serving investigative demand.

Section 618.531 - Effect of failure to obey investigative demand.

Section 618.991 - Penalties.

Section 618.995 - Civil penalties.