(2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
(3) Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.
(4) This section does not apply with respect to the liability of any public utility for personal injury or property damage. [Formerly 757.335; 1973 c.776 §26; 1981 c.856 §1; 1981 c.897 §104a; 1987 c.447 §86; 1989 c.827 §1; 1995 c.696 §48; 1995 c.733 §63]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 756 - Public Utility Commission
Section 756.010 - Definitions.
Section 756.014 - Public Utility Commission; appointment; confirmation; term; removal.
Section 756.016 - Quorum; seal; individual commissioner authorized to act for commission.
Section 756.026 - Prohibited interests of commissioner and family.
Section 756.036 - Duties and functions.
Section 756.040 - General powers.
Section 756.047 - Authority of commission to require fingerprints.
Section 756.050 - Office, office supplies and sessions of commission.
Section 756.055 - Delegation of authority.
Section 756.090 - Maintaining and producing records; expenses of examining out-of-state records.
Section 756.105 - Duty to furnish information to commission.
Section 756.115 - Failure to furnish requested information.
Section 756.160 - Enforcement of statutes and ordinances relating to utilities.
Section 756.180 - Enforcing utility laws.
Section 756.185 - Right to recover for wrongs and omissions; treble damages.
Section 756.305 - Public Utility Commission Account.
Section 756.310 - Annual fees payable by utilities and telecommunications providers.
Section 756.325 - Distribution of information filed with commission; fees; rules.
Section 756.360 - Disposal and use of fees and penalties collected.
Section 756.500 - Complaint; persons entitled to file; contents; amendments.
Section 756.512 - Notice of complaint to defendant; responsive pleadings; setting cause for hearing.
Section 756.518 - Procedures applicable to all matters before commission; oral hearing; rules.
Section 756.525 - Parties to proceedings.
Section 756.538 - Taking and use of depositions; rules.
Section 756.543 - Issuance of subpoenas; failure to comply.
Section 756.549 - Self-incrimination of witnesses in commission proceedings.
Section 756.558 - Taking of evidence; findings; issuance of orders; providing copies of orders.
Section 756.561 - Rehearing; reconsideration.
Section 756.572 - Effect of orders on successors in interest.