(2) Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the Attorney General.
(3) In any action brought by a person under this section, the court may award to the prevailing party reasonable attorney fees at trial and on appeal and costs.
(4) Any permanent injunction or judgment or order of the court made under ORS 618.506 or 618.511 is prima facie evidence, in an action brought under this section, that the respondent committed a security seal violation, but an assurance of voluntary compliance, whether or not approved by the court, shall not be evidence of such violation.
(5) Actions brought under this section shall be commenced within one year from the discovery of the security seal violation. However, whenever any complaint is filed by a prosecuting attorney to prevent, restrain or punish security seal violations, the running of the statute of limitations with respect to every private right of action under this section and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [1973 c.294 §5; 1981 c.897 §71; 1995 c.618 §91; 2003 c.576 §526]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 618 - Weights and Measures
Section 618.010 - Definitions.
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 618.086 - 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 618.136 - 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 618.206 - Manner of selling commodities; exemptions; rules.
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 618.501 - Definitions.
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.