2007 Oregon Code - Chapter 180 :: Chapter 180 - Attorney General - Department of Justice
Chapter 180
Attorney General; Department of Justice
2007 EDITION
ATTORNEY GENERAL; DEPARTMENT OF JUSTICE
EXECUTIVE BRANCH; ORGANIZATION
ATTORNEY GENERAL
(Generally)
180.010 Office
of Attorney General
180.020 Election;
term of office
180.030 Filing
certificate of election or appointment
180.040 Governor
to fill vacancy by appointment; term of appointee
180.050 Location
of office
(Powers and Duties)
180.060 Powers
and duties of Attorney General
180.070 Power
of Attorney General to conduct investigations and prosecutions; duties of
district attorneys unaffected
180.073 Subpoena
authority in criminal investigation
180.075 Disclosure
of information obtained under subpoena
180.080 Attorney
General to manage criminal proceedings in court or before grand jury at request
of Governor
180.090 Investigations
and special prosecutions; calling on other departments and officers for
assistance; employing special investigators
180.095 Consumer
Protection and Education Revolving Account
180.100 Legislative
bills; preparation on request
180.110 Keeping
copies of opinions and records of cases; biennial report; printing and binding
opinions
180.120 Defending
in criminal proceedings for Oregon State Police or member thereof; conducting
prosecutions
180.125 Intergovernmental
road maintenance agreements
(Personnel)
180.130 Deputy
Attorney General
180.140 Other
assistants; salaries; representation of indigent clients
180.150 Clerks
DEPARTMENT OF JUSTICE
(Generally)
180.160 Charges
for services to public agencies; rules
180.170 Billing
for services to public agencies
180.180 Department
of Justice Operating Account
180.190 Department
of Justice Current Expense Account; Department of Justice Portland Legal Office
Petty Cash Account
180.200 Department
of Justice Client Trust Account
180.205 Tobacco
Enforcement Fund
180.210 Department
of Justice; Attorney General head and chief law officer
180.220 Powers
and duties
180.225 Attorney
General representing public bodies in antitrust proceedings
180.230 Compensation
not allowed state departments for attorney services
180.235 Authority
of agency to employ counsel; qualification and salary; status
180.240 Attorney
General and Department of Justice to have powers and prerogatives of district
attorneys
180.260 Service
of process by department employees
180.265 Authority
of department to delegate certain duties to employees of Department of Revenue
180.267 Authority
of Department of Justice to require fingerprints
(Division of Child Support)
180.320 Cooperation
with division in enforcement; confidentiality of information furnished to
division
180.330 District
attorneys not relieved from duties relating to enforcement of support laws
180.340 Division
of Child Support established; employment of personnel
180.345 Child
Support Program
180.350 Investigators
to have authority of peace officers
180.360 Division
exempt from payment of certain court fees; exemption
180.365 Child
Support Suspense Fund
180.380 Disclosure
of information to authorized persons
(Tobacco Master Settlement Agreement)
180.400 Legislative
findings
180.405 Definitions
for ORS 180.400 to 180.455 and 323.106
180.410 Tobacco
product manufacturers certification
180.415 Contents
of certification
180.420 Document
retention period
180.425 Attorney
Generals directory
180.430 Nonparticipating
manufacturers service agent
180.435 Distributors
obligations; Attorney Generals and Department of Revenues sharing of
information; nonparticipating manufacturers escrow requirements
180.440 Prohibited
conduct; penalty
180.445 Attorney
Generals rules for escrow deposits
180.450 Judicial
review of Attorney Generals actions; Attorney Generals rulemaking authority;
states civil remedies
180.455 Department
of Revenues remedies
(Consumer Protection Services)
180.510 Functions
of Department of Justice; personnel
180.520 Duties
of department; agency cooperation; Consumer Advisory Council created;
membership; compensation and expenses
(Plain Language Review of Consumer Contracts)
180.540 Review
of consumer contracts for conformity with plain language standards
180.545 Plain
language standards; approval; fees
180.550 Compliance
statement
180.555 Exemptions;
effect of certification; admissibility
(Investigation of Organized Crime)
180.600 Definitions
for ORS 180.600 to 180.630
180.610 Investigation
of organized criminal activity; powers and duties of department
180.620 Investigators
to have authority of peace officers
180.630 Acceptance
of federal grant of funds; expenditure limitations
180.640 Criminal
Justice Revolving Account
(School Safety Hotline)
180.650 Establishment;
rules; plan
180.660 Funding;
rules
(Batterers Intervention Programs)
180.700 Advisory
committee; rules
180.710 Program
reviews
ATTORNEY GENERAL
(Generally)
180.010
Office of Attorney General.
There is established the office of Attorney General of the State of
180.020
Election; term of office.
The Attorney General shall be elected by the electors of this state at the
regular general election in the same manner as other state officers are
elected. The term of the Attorney General shall commence on the first Monday in
January of the year succeeding election. The Attorney General shall hold office
for the term of four years, and until a successor is elected and qualified.
180.030
Filing certificate of election or appointment. Before entering upon the duties of office
the Attorney General shall qualify by filing with the Secretary of State the
certificate of election or of appointment. [Amended by 2005 c.797 §28]
180.040
Governor to fill vacancy by appointment; term of appointee. At any time when a vacancy may by any cause
occur in the office of Attorney General, the Governor shall appoint a suitable
person to be Attorney General, who shall hold office until the next general
election, when a successor shall be elected for a full term and shall qualify
as prescribed in ORS 180.030.
180.050
Location of office. The
Attorney General shall keep and attend the office of Attorney General at the
capital of the state. The state shall provide and furnish the office.
(Powers and
Duties)
180.060
Powers and duties of Attorney General. (1) The Attorney General shall:
(a) Appear for the state in the trial of
all civil and criminal causes in the Supreme Court or the Court of Appeals in
which the state may be directly or indirectly interested.
(b) Appear for the state, when required by
the Governor or the legislature, in any court or tribunal in any cause in which
the state is a party or in which the state is directly interested.
(c) Appear, commence, prosecute or defend
for the state all causes or proceedings in the Supreme Court or the Court of
Appeals in which the state is a party or interested.
(d) Appear, commence, prosecute or defend
any action, suit, matter, cause or proceeding in any court when requested by
any state officer, board or commission when, in the discretion of the Attorney
General, the same may be necessary or advisable to protect the interests of the
state.
(2) The Attorney General shall give opinion
in writing, when requested, upon any question of law in which the State of
Oregon or any public subdivision of the state may have an interest, submitted
to the Attorney General by the Governor, any officer, agency, department, board
or commission of the state or any member of the legislature.
(3)(a) Except as provided in paragraph (b)
of this subsection and subsection (4) of this section, the Attorney General may
not render opinions or give legal advice to persons other than the state
officers listed in subsection (2) of this section.
(b) The Attorney General may, at the
request of a state officer listed in subsection (2) of this section, render an
opinion to an officer, agency or instrumentality of the federal government if
the Attorney General determines that providing the opinion is necessary to meet
a condition for assumption by the state of administrative or enforcement
responsibilities under federal law.
(4) The Attorney General may represent the
state or any agency or officer of the state who appears as the lead plaintiff
or a representative party in a class action involving a claim relating to a
security, as defined in ORS 59.015, even if one or more members are persons
that the Attorney General may not otherwise represent or advise pursuant to
this section.
(5) The Attorney General shall consult
with, advise and direct the district attorneys in all criminal causes and
matters relating to state affairs in their respective counties. The Attorney
General may require their aid and assistance in all matters pertaining to the
duties of the Attorney General in their respective counties and may, in any
case brought to the Supreme Court or the Court of Appeals from their respective
counties, demand and receive assistance of the district attorney from whose
county such case or matter is brought.
(6) The Attorney General shall, when
requested, perform all legal services for the state or any department or
officer of the state.
(7) The Attorney General shall have all
the power and authority usually appertaining to such office and shall perform
the duties otherwise required of the Attorney General by law.
(8) The Attorney General shall assign to
each agency, department, board or commission an assistant who shall be the
counsel responsible for ensuring the performance of the legal services
requested by the agency, department, board or commission. The counsel shall be
a person trained in the law concerning such agency, department, board or
commission and shall be approved by the chief administrator of the agency,
department, board or commission. The chief administrator may not unreasonably
withhold approval of the assistant. If the chief administrator withdraws
approval, the Attorney General shall assign replacement counsel to the agency,
department, board or commission.
(9) The Attorney General may not appear in
an action, suit, matter, cause or proceeding in a court or before a regulatory
body on behalf of an officer, agency, department, board or commission without
the consent of the officer, agency, department, board or commission.
(10) The responsibility for establishing
policies for each agency, department, board or commission shall rest upon the
chief administrator of the agency, department, board or commission. [Amended by
1971 c.418 §1; 1999 c.142 §1; 2007 c.153 §1]
180.070
Power of Attorney General to conduct investigations and prosecutions; duties of
district attorneys unaffected.
(1) The Attorney General may, when directed to do so by the Governor, take full
charge of any investigation or prosecution of violation of law in which the
circuit court has jurisdiction.
(2) When acting under this section, the
Attorney General shall have all the powers of a district attorney, including
the power to issue or cause to be issued subpoenas or other process. The
Attorney General may, when the Attorney General considers the public interest
requires, with or without the concurrence of the district attorney, direct the
county grand jury to convene for the investigation and consideration of such
matters of a criminal nature as the Attorney General desires to submit to it.
The Attorney General may take full charge of the presentation of such matters
to the grand jury, issue subpoenas, prepare indictments, and do all other
things incident thereto to the same extent as the district attorney may do.
(3) All costs, fees and other expense
shall be paid by the county in which the investigation takes place, to the same
extent as if conducted by the district attorney of that county.
(4) The power conferred by this section,
ORS 180.060, 180.220 or 180.240 does not deprive the district attorneys of any
of their authority, or relieve them from any of their duties to prosecute
criminal violations of law and advise the officers of the counties composing
their districts.
180.073
Subpoena authority in criminal investigation. (1) In any criminal investigation conducted by the Attorney General,
the Attorney General may execute in writing and serve a subpoena or subpoena
duces tecum upon any person the Attorney General believes to have information
or material relevant to the investigation. A subpoena may require that the
person appear at a reasonable time and place stated in the subpoena and give
oral testimony under oath concerning matters relevant to the investigation. A
subpoena duces tecum may require, in addition to or in lieu of giving
testimony, that the person produce designated books, papers, documents or
tangible items that constitute or contain materials relevant to the
investigation for examination, copying or reproduction. A subpoena duces tecum
that only requires the production of materials must inform the person
subpoenaed if the person must personally appear at the time and place
designated in the subpoena.
(2) A resident of this state may be
required by subpoena to personally appear only in the county in which the
person resides, is employed or personally transacts business. A person who is
not a resident of this state may be required by subpoena to personally appear
only:
(a) In a county of this state in which the
person is served with the subpoena; or
(b) In the state, territory, insular
possession subject to the dominion of the
(3) A person subpoenaed under this section
may move to quash or modify the subpoena if it is oppressive or unreasonable.
The motion must be made before the time specified in the subpoena for
appearance or production of materials. The motion may be made in:
(a) The circuit court for the county in
which the person is required to appear or produce materials;
(b) The circuit court for the county in
which the subpoenaed person resides or has a principal office; or
(c) The circuit court for the county in
which materials to be produced under a subpoena duces tecum are located.
(4) A person who is subpoenaed under this
section and who fails to appear or produce materials as required by the
subpoena, or who refuses to be sworn or give testimony, may be found to be in
contempt of court. Proceedings to hold a person in contempt under this
subsection may be brought in any county where the person could be required to
personally appear under subsection (2) of this section.
(5) ORS 136.585 to 136.600 apply to any
subpoena issued pursuant to this section. [1993 c.473 §2]
Note: 180.073 and 180.075 were added to and made a
part of ORS chapter 180 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
180.075
Disclosure of information obtained under subpoena. Except as provided in this section, the
Attorney General may not disclose any testimony or materials obtained under the
provisions of ORS 180.073. The Attorney General may disclose testimony or
materials only if:
(1) The disclosure is to a federal, state
or local law enforcement agency or prosecutor and the purpose of the disclosure
is to facilitate a criminal investigation or prosecution;
(2) The disclosure is to a state or
federal grand jury; or
(3) A circuit court concludes upon
application and affidavit by the Attorney General that there is a
particularized need for disclosure of the testimony or materials in a civil,
administrative, disciplinary or personnel investigation or proceeding. [1993
c.473 §3]
Note: See note under 180.073.
180.080
Attorney General to manage criminal proceedings in court or before grand jury
at request of Governor. When
directed by the Governor, the Attorney General shall attend in person, or by
one of the assistants of the Attorney General, any term of any court, or appear
before the grand jury in any county, for the purpose of managing and conducting
in such court, or before such jury, the criminal action or proceeding specified
in the requirement. The Attorney General, or the assistant of the Attorney
General so attending, shall exercise all the powers and perform all the duties
in respect of the action or proceeding which the district attorney would
otherwise be authorized to exercise or perform. The district attorney shall
only exercise such powers and perform such duties in the action or proceeding
as are required of the district attorney by the Attorney General, or the
assistant of the Attorney General so attending.
180.090
Investigations and special prosecutions; calling on other departments and
officers for assistance; employing special investigators. In making investigations of and conducting
special prosecutions for violations or alleged violations of the criminal laws
of the state, the Attorney General may call upon the Department of State Police
or any other peace officer or department for assistance in making such
investigations or, in the discretion of the Attorney General, may employ
special investigators for such purpose.
180.095
Consumer Protection and Education Revolving Account. (1) There hereby is appropriated out of the
General Fund in the State Treasury $250,000 for the purpose of providing funds
to pay for personal services, travel, meals and lodging, and all costs,
disbursements and other litigation expenses incurred by the Department of
Justice in preparing, commencing and prosecuting actions and suits under the
state and federal antitrust laws and under ORS 646.605 to 646.656.
(2) The money appropriated by subsection
(1) of this section shall be transferred to an account in the General Fund in
the State Treasury to be known as the Consumer Protection and Education
Revolving Account. All moneys in such revolving account are appropriated and
constitute a continuous appropriation out of the General Fund for the purposes
of this section. The creation of the revolving account shall not require an
allotment or allocation of moneys pursuant to ORS 291.234 to 291.260.
(3) All sums of money received by the
Department of Justice under a judgment, settlement, compromise or assurance of
voluntary compliance, including damages, attorney fees, costs, disbursements
and other recoveries, but excluding civil penalties under ORS 646.642, in
actions and suits under the state and federal antitrust laws and ORS 646.605 to
646.656 shall, upon receipt, be deposited with the State Treasurer to the
credit of the Consumer Protection and Education Revolving Account. However, if
the action or suit was based on an expenditure or loss from a public body or a
dedicated fund, the amount of such expenditure or loss, after deduction of
attorney fees and expenses awarded to the Department of Justice by the court or
agreed to by the parties, if any, shall be credited to the public body or
dedicated fund and the remainder thereof credited to the Consumer Protection
and Education Revolving Account. [1965 c.194 §2; 1971 c.85 §6; 1975 c.446 §6;
1993 c.518 §1; 1999 c.184 §1]
180.097 [1971 c.85 §§8,9; 1977 c.445 §1; repealed by
1993 c.518 §4]
180.100
Legislative bills; preparation on request. The Attorney General shall, upon request of any member of or of any
person elected to either branch of the Legislative Assembly of the State of
Oregon, prepare all bills requested by any such member or person within a
reasonable length of time prior to the commencement of any session of the
legislature, and furnish the bills to such member or person for introduction on
or before the first day of the session. The Attorney General shall during the
sessions of the legislature prepare bills at the request of any member of the
legislature as expeditiously as the number of deputies in the office of the
Attorney General will permit.
180.110
Keeping copies of opinions and records of cases; biennial report; printing and
binding opinions. The
Attorney General shall keep copies of all the opinions of the Attorney General
and a record of all cases, in any of the courts and tribunals, prosecuted or
defended by the Attorney General or in which the Attorney General appears. The
Attorney General shall make a biennial report to the legislature of all the
official business transacted by the Attorney General for the biennial period
ending December 31 prior to the meeting of the legislature. The Attorney
General may have printed and bound all opinions rendered by the Attorney
General during the period, for distribution to the various state officers,
public libraries and others entitled to receive them. [Amended by 1971 c.418 §2;
2005 c.659 §6]
180.120
Defending in criminal proceedings for
(a) Defend all criminal actions and
proceedings in which the Department of State Police or any member thereof is
concerned as a party, which require the services of an attorney or counsel in
order to protect the interests of the state and are necessary for the purposes
of the Department of State Police or the members thereof.
(b) Conduct such prosecutions as shall be
directed by the Superintendent of State Police with the approval of the
Governor.
(2) The Attorney General may appoint an
attorney for the purpose of such defense or prosecution and certify the
expenses thereof to the Department of State Police for payment from the moneys
appropriated for the Department of State Police. [Amended by 1971 c.418 §3]
180.125
Intergovernmental road maintenance agreements. If the Attorney General advises the
Department of Transportation under ORS 180.060 about a matter related to an
intergovernmental road maintenance agreement described in ORS 366.574 or
represents the department in an action related to the agreement, the Attorney
General shall:
(1) Recognize that the agreement is a
cooperative effort between the department and the counties, entered into for
the overall benefit to the public and the mutual benefit of the state and the
counties; and
(2) Prefer and encourage, when possible,
mutually agreeable resolution of legal issues through further cooperation or
alternative dispute resolution to achieve an overall benefit to the public. [2001
c.565 §2]
Note: 180.125 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 180 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Personnel)
180.130
Deputy Attorney General. The
Attorney General shall appoint a Deputy Attorney General, who shall qualify as
required by law, and who may do and perform, in the absence of the Attorney
General, all the acts and duties that may be authorized and required to be
performed by the Attorney General. The Attorney General shall be responsible
for all the acts of the deputy of the Attorney General.
180.140
Other assistants; salaries; representation of indigent clients. (1) The Attorney General shall appoint the
other assistants the Attorney General deems necessary to transact the business
of the office, each to serve at the pleasure of the Attorney General and
perform such duties as the Attorney General may designate and for whose acts
the Attorney General shall be responsible. Each assistant shall have full
authority under the direction of the Attorney General to perform any duty
required by law to be performed by the Attorney General.
(2) Each assistant so appointed shall be a
person admitted to the practice of law by the Supreme Court of this state and
shall qualify by taking the usual oath of office, conditioned upon the faithful
performance of duties.
(3) The Attorney General may appoint
temporary assistants for a period not to exceed 15 months. Such temporary
assistants shall be legally trained but are not required to be admitted to the
practice of law by the Supreme Court of this state.
(4) Each assistant shall receive the
salary fixed by the Attorney General, payable as other state salaries are paid.
Each assistant so appointed shall devote the full time of the assistant to the
business of the state, unless employment on a part-time basis is otherwise
fixed by the Attorney General.
(5) Special legal assistants or private
counsel may be employed by the Attorney General, under the direction and
control of the Attorney General, in particular cases or proceedings, whenever
the Attorney General deems it appropriate to protect the interests of the
state. The cost of such special assistants or counsel shall be charged to the
appropriate officer or agency pursuant to ORS 180.160.
(6) None of the provisions of this chapter
prohibit the Attorney General or any of the Attorney Generals full-time
deputies or assistants from voluntarily representing, without compensation or
expenditure of state resources, indigent clients referred by a nonprofit civil
legal aid office or pro bono program. [Amended by 1969 c.543 §2; 1971 c.418 §4;
1991 c.782 §1]
180.150
Clerks. Subject to any
applicable provisions of the State Personnel Relations Law, the Attorney
General shall employ the necessary clerical aid required for the discharge of
the duties imposed upon the Attorney General by law, and fix compensation
therefor, to be paid as other salaries are paid.
DEPARTMENT OF
JUSTICE
(Generally)
180.160
Charges for services to public agencies; rules. Subject to rules prescribed by the Attorney
General, in rendering assistance to the respective officers, departments,
boards and commissions of state government, and other public bodies, the
Department of Justice may charge such officers, agencies and public bodies
(including, when appropriate, the Department of Justice itself) separately for
the cost of such assistance, said cost including, but not limited to salaries
of assistants and administrative and clerical salaries, investigative services,
and capital outlay; and shall also charge such officers, departments, boards,
commissions or public bodies for other costs incurred and disbursements made
pursuant to request or authorization in connection with such assistance, and
not paid directly out of moneys appropriated or otherwise available for
expenditure by such officers, agencies or public bodies. [1969 c.543 §1; 1971
c.85 §4]
180.165 [1975 c.458 §9; repealed by 1989 c.633 §3]
180.170
Billing for services to public agencies. The Department of Justice shall estimate in advance the expenses that
it will incur during the biennium under ORS 180.160 and 180.340, and shall
render to officers, departments, boards and commissions of state government and
other public bodies an invoice for their share of such expenses for periods
within the biennium and in sufficient amounts to provide reasonable cash
operating requirements for the Legal Division of the Department of Justice
within the biennial period. Each officer, department, board or commission or
other public body shall pay to the credit of the Department of Justice
Operating Account such invoice as an administrative expense from funds or
appropriations available to it in the same manner as other claims against the
state or public body are paid. If the estimated expenses for any officer,
department, board, commission or public body are more or less than actual
expenses for the period covered by the invoice, the difference shall be
reflected in the next following estimate of expenses. [1971 c.85 §3; 1973 c.775
§5]
180.180
Department of Justice Operating Account. (1) The Department of Justice Operating Account is created. Moneys
credited to the account are continuously appropriated for the purpose of paying
expenses incurred by the Department of Justice, including those incurred by the
Division of Child Support, but not including expenses described in ORS 180.095,
that are reimbursable from the Consumer Protection and Education Revolving
Account.
(2) All moneys received by the Department
of Justice pursuant to its activities, except those received and creditable to
the Consumer Protection and Education Revolving Account, shall be deposited in
the State Treasury to the credit of the Department of Justice Operating
Account.
(3) Subaccounts may be used in the
Department of Justice Operating Account whenever the Department of Justice
determines that operating needs of the department so require.
(4) In order to facilitate financing the
operating expenses of the Department of Justice described in subsection (1) of
this section, the Department of Justice may at any time during the biennium
transfer to the Department of Justice Operating Account with the approval of
the Director of the Oregon Department of Administrative Services such funds as
it considers necessary, not to exceed $800,000, from funds duly appropriated to
the Department of Justice for a biennial period. Such funds so transferred
shall be retransferred from the Department of Justice Operating Account to the
appropriation from which the original transfer was made. The retransfers shall
be accomplished prior to the last day of each biennial period. [1971 c.85 §2;
1981 c.657 §4]
180.190
Department of Justice Current Expense Account; Department of Justice Portland
Legal Office Petty Cash Account. (1) The Oregon Department of Administrative Services is hereby
authorized to draw a warrant in the amount of $50,000 payable to the Department
of Justice from the Department of Justice Operating Account which shall then be
deposited by the Department of Justice in the State Treasury in an account to
be known as the Department of Justice Current Expense Account. Disbursements
made from this account shall require the approval of the disbursing officer of
the Department of Justice who shall be designated by the Attorney General.
(2) The Oregon Department of
Administrative Services is hereby authorized to draw a warrant in the amount of
$1,000 payable to the Department of Justice Operating Account which shall then
be deposited by the Department of Justice in the State Treasury in an account
known as the Department of Justice Portland Legal Office Petty Cash Account.
Disbursements from the account shall require the approval of the chief
financial officer of the Department of Justice Portland Legal Office who shall
be designated by the Attorney General.
(3) The moneys so deposited in subsections
(1) and (2) of this section are continuously appropriated for the purposes of
this section and ORS 128.670, 180.170 and 294.695. Disbursements may be made
for any lawful purpose within the limits of the funds available and to the
extent that immediate cash payments are necessary or beneficial to the
operations of the department. The accounts shall be reimbursed at intervals not
exceeding 30 days from any legislatively authorized appropriation or
expenditure limitation in existence at that time for the department by the
drawing of a claim in payment of the expenses advanced from the Department of
Justice Current Expense Account and the Department of Justice Portland Legal
Office Petty Cash Account. [1973 c.775 §§1,2,3; 1977 c.498 §4; 1985 c.504 §1;
1987 c.229 §6; 1989 c.823 §6]
180.200
Department of Justice Client Trust Account. (1) The Department of Justice Client Trust Account is established in
the State Treasury, separate and distinct from the General Fund. All moneys in
the account are appropriated continuously and shall be used by the Department
of Justice for payments to persons and agencies on whose behalf the department
has received moneys.
(2) The trust account established by this
section shall consist of moneys received by the Department of Justice on behalf
of persons and agencies and temporarily credited to the account prior to
distribution of the moneys in accordance with law.
(3) Subaccounts may be established within
the Department of Justice Client Trust Account when the department determines
that subaccounts are necessary or desirable.
(4) Notwithstanding ORS 293.140, interest
earned on moneys deposited in the trust account or in any of its subaccounts
shall be credited to the account or subaccount. [1999 c.76 §1; 2003 c.356 §1]
Note: 180.200 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 180 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.205
Tobacco Enforcement Fund.
(1) The Tobacco Enforcement Fund is established separate and distinct from the
General Fund. The Tobacco Enforcement Fund shall consist of:
(a) Moneys deposited into the fund under
ORS 180.450; and
(b) Moneys transferred to the fund under
ORS 293.537.
(2) Moneys in the Tobacco Enforcement Fund
are continuously appropriated to the Department of Justice for the purpose of
enforcing the provisions of ORS 180.400 to 180.455, 323.106 and 323.806. Moneys
in the fund are not subject to allotment under ORS 291.234 to 291.260. [2003
c.801 §23]
Note: 180.205 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 180 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.210
Department of Justice; Attorney General head and chief law officer. There hereby is constituted an executive
department to be known as the Department of Justice. The Attorney General shall
be the head of this department and the chief law officer for the state and all
its departments.
180.220
Powers and duties. (1) The
Department of Justice shall have:
(a) General control and supervision of all
civil actions and legal proceedings in which the State of
(b) Full charge and control of all the
legal business of all departments, commissions and bureaus of the state, or of
any office thereof, which requires the services of an attorney or counsel in
order to protect the interests of the state.
(2) No state officer, board, commission,
or the head of a department or institution of the state shall employ or be
represented by any other counsel or attorney at law.
(3) This section is subject to ORS
825.508. [Amended by 1967 c.178 §3]
180.225
Attorney General representing public bodies in antitrust proceedings. In any proceeding under the antitrust laws
of the United States in which the state or any public body within the state is
interested, the Attorney General may, in the discretion of the Attorney
General, represent any such public body at its request, charging it for the
cost of such representation pursuant to ORS 180.160. [1971 c.418 §9]
180.230
Compensation not allowed state departments for attorney services. No compensation shall be allowed to any
person for services as an attorney or counselor to any department of the state
government or to the head thereof, or to any board or commission, except in
cases specially authorized by law. [Amended by 1971 c.418 §6]
180.235
Authority of agency to employ counsel; qualification and salary; status. (1) Notwithstanding any provision of law to
the contrary, whenever the Attorney General concludes that it is inappropriate
and contrary to the public interest for the office of the Attorney General to
concurrently represent more than one public officer or agency in a particular
matter or class of matters in circumstances which would create or tend to
create a conflict of interest on the part of the Attorney General, the Attorney
General may authorize one or both of such officers or agencies to employ its
own general or special counsel in the particular matter or class of matters and
in related matters. Such authorization may be terminated by the Attorney
General whenever the Attorney General determines that separate representation
is no longer appropriate.
(2) Any counsel so employed shall be a
member of the Oregon State Bar and shall be paid a salary or other compensation
out of the funds appropriated to such officer or agency.
(3) In any matter in which the Attorney
General has authorized employment of such counsel, any references to
representation of such officer or agency by the Attorney General contained in
any provision of law shall be deemed to refer to such counsel. [1971 c.418 §8]
180.240
Attorney General and Department of Justice to have powers and prerogatives of
district attorneys. The Attorney
General and the Department of Justice shall have the same powers and
prerogatives in each of the several counties of the state as the district
attorneys have in their respective counties.
180.250 [1983 c.481 §2; repealed by 1993 c.188 §15]
180.255 [1983 c.481 §3; repealed by 1993 c.188 §15]
180.260
Service of process by department employees. (1) Notwithstanding ORCP 7 E or any other law, employees and officers
of the Department of Justice other than attorneys may serve summons, process
and other notice, including notices and findings of financial responsibility
under ORS 416.415, in litigation and other proceedings in which the state is
interested. No employee or officer shall serve process or other notice in any
case or proceeding in which the employee or officer has a personal interest or
in which it reasonably may be anticipated that the employee or officer will be
a material witness.
(2) The authority granted by subsection
(1) of this section may be exercised only in, and within reasonable proximity
of, the regular business offices of the Department of Justice, or in situations
in which the immediate service of process is necessary to protect the legal
interests of the state. [1989 c.323 §2]
180.265
Authority of department to delegate certain duties to employees of Department
of Revenue. The Department
of Justice may delegate to officers and employees of the Department of Revenue
the authority to undertake and complete certain filings and other tasks
relating to tax claims pending before a United States Bankruptcy Court that the
Department of Justice has identified as being routine tasks. [1997 c.84 §7]
180.267
Authority of Department of Justice to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Department of Justice
may require the fingerprints of a person who:
(1)(a) Is applying for employment by the
department; or
(b) Provides services or seeks to provide
services to the department as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position in which the person:
(a) Is providing information technology
services and has control over, or access to, information technology systems
that would allow the person to harm the information technology systems or the
information contained in the systems;
(b) Has access to information, the
disclosure of which is prohibited by state or federal laws, rules or
regulations or information that is defined as confidential under state or
federal laws, rules or regulations; or
(c) Has access to personal information
about employees or members of the public including Social Security numbers,
dates of birth, driver license numbers, personal financial information or
criminal background information. [2005 c.730 §74]
Note: 180.267 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 180 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.310 [Subsections (1) and (2) enacted as 1957
c.105 §2 and 1957 c.424 §1; 1961 c.629 §1; repealed by 1975 c.458 §18]
(Division of
Child Support)
180.320
Cooperation with division in enforcement; confidentiality of information
furnished to division. (1)
All state agencies, district attorneys and all police officers of the state,
county or any municipality or court thereof, shall cooperate with the Division
of Child Support of the Department of Justice in furnishing and making
available information, records and documents necessary to assist in
establishing or enforcing support obligations or paternity, in performing the
duties set out in ORS 25.080 and in determining the location of any absent
parent or child for the purpose of enforcing any state or federal law regarding
the unlawful taking or restraint of a child or for the purpose of making or
enforcing a child custody determination. Notwithstanding the provisions of ORS
109.225, 416.430, 432.121, 432.230 and 432.430, records pertaining to the
paternity of a child shall be made available upon written request of an
authorized representative of the Division of Child Support. Any information
obtained pursuant to this subsection is confidential, and shall be used only
for the purposes set out in this subsection.
(2) Information furnished to the Division
of Child Support by the Department of Revenue and made confidential by ORS
314.835 shall be used by the division and its employees solely for the purpose
of enforcing the provisions of ORS 180.320 to 180.365 and shall not be
disclosed or made known for any other purpose. Any person who violates the
prohibition against disclosure contained in this subsection, upon conviction,
is punishable as provided in ORS 314.991 (2). [1957 c.105 §4; 1971 c.779 §4;
1979 c.690 §13; 1983 c.761 §12; 1985 c.565 §19; 1985 c.610 §14; 1999 c.80 §73]
180.330
District attorneys not relieved from duties relating to enforcement of support
laws. ORS 180.320 to 180.365
are not intended to relieve any district attorney from performing the duties,
powers and functions of the district attorney under the statutes of this state
relating to the enforcement of support and of the criminal laws of this state. [1957
c.105 §5]
180.340
Division of Child Support established; employment of personnel. There is established the Division of Child
Support of the Department of Justice to be maintained, operated and controlled
under the supervision of the Attorney General. The Attorney General may employ
attorneys, investigators and other personnel necessary to carry out the duties
and functions of the division and fix their compensation, subject to any
applicable provision of the State Personnel Relations Law. [1957 c.105 §1; 1989
c.633 §1; 1997 c.704 §48; 1999 c.839 §1; 2003 c.73 §58]
180.345
Child Support Program. (1)
The Department of Justice is responsible for the administration, supervision
and operation of the program authorized by Title IV-D of the Social Security
Act (42 U.S.C. 651 et seq.), hereinafter the Child Support Program. The
Administrator of the Division of Child Support of the Department of Justice is
the Child Support Program Director for the State of
(2) The Department of Justice, by and
through the director, may:
(a) Enter into cooperative agreements with
appropriate courts, law enforcement officials, district attorneys, Indian
tribes or tribal organizations and state agencies to provide assistance in
carrying out Child Support Program services and any other matters of common
concern;
(b) Provide billing, receipting, record
keeping, accounting and distribution services for child and spousal support
cases that receive services required under state and federal law;
(c) Maintain the state plan required under
federal law and act as the liaison for the Child Support Program with the
United States Department of Health and Human Services;
(d) Establish policy and adopt rules for
the operation of the Child Support Program by the Department of Justice and by
entities entering into cooperative agreements under this section;
(e) Conduct performance and program audits
of entities entering into cooperative agreements under this section; and
(f) Perform any other act necessary or
desirable to ensure the effective administration of the Child Support Program
under state and federal law.
(3) The Department of Justice shall accept
and disburse federal funds made available to the state for provision of the
Child Support Program and all related functions in a manner consistent with
federal law. The department may retain the state share of moneys recovered under
child support assignments for the administration of the Child Support Program
as allowed under federal regulations.
(4) It is the policy of the Child Support
Program to inform persons served by the program, in a manner consistent with
federal law, of resources not provided by the program that are available for
assistance in family law matters including, but not limited to, services
provided through the courts of this state, the Oregon State Bar, law schools
and legal service providers that receive funding from fees collected under ORS
21.480. The program shall consult with the local family law advisory committees
established under ORS 3.434 to ensure that eligible individuals are aware of
the services offered by the program. The policy described in this subsection
shall be incorporated into staff training and is applicable to all entities
that have entered into cooperative agreements with the Department of Justice
under this section.
(5) The director shall ensure that Child
Support Program policy and rules, to the maximum extent practicable, meet the
needs of the majority of families served by the program. The director shall
guide program staff regarding implementation of the policy and rules. [2003
c.73 §2]
180.350
Investigators to have authority of peace officers. Investigators employed by the Attorney
General under ORS 180.320 to 180.365 shall have all the authority given by
statute to peace officers of this state, including the authority to serve and
execute warrants of arrest. [1957 c.105 §7]
180.360
Division exempt from payment of certain court fees; exemption. Filing, recording or court fees may not be
required from the Division of Child Support of the Department of Justice by any
circuit court clerk for the filing of any cases, documents, stipulated orders
or processes. However, if the division is entitled to recover costs and
disbursements, any of those fees taxable as costs and disbursements may be so
taxed, and if recovered by the division, shall be paid to the appropriate
officer. A circuit court clerk may not refuse to file a stipulated order, or
enter a stipulated judgment, for the reason that the parties signing such order
have failed to pay any fee when such order is presented by the Division of
Child Support and is signed by a judge. [1957 c.105 §3; 1983 c.761 §13; 1983
c.763 §23; 1999 c.803 §2; 2003 c.576 §192]
180.365
Child Support Suspense Fund.
(1) The Child Support Suspense Fund is established in the State Treasury
separate and distinct from the General Fund. Interest earned by the Child
Support Suspense Fund shall be credited to the Child Support Deposit Fund
established under ORS 25.725. All moneys in the Child Support Suspense Fund are
appropriated continuously for purposes of ORS 25.020, 25.610, 25.620 and 25.777
and for all other requirements of the Department of Justice as the state
disbursement unit.
(2) The department shall maintain all
records required under federal law for the distribution of moneys from the
Child Support Suspense Fund.
(3) The Child Support Suspense Fund is not
subject to the provisions of ORS 291.234 to 291.260. [2003 c.73 §3; 2005 c.22 §124]
180.370 [1957 c.105 §6; repealed by 1997 c.704 §49]
180.380
Disclosure of information to authorized persons. (1) In addition to its other duties, powers
and functions, the Division of Child Support may disclose confidential
information from the Federal Parent Locator Service to an authorized person if
the information is needed to:
(a) Enforce any state or federal law
regarding the unlawful taking or restraint of a child;
(b) Make or enforce a child custody
determination;
(c) Establish paternity; or
(d) Establish, modify or enforce a child
support order.
(2)(a) If the request for information is
made for a purpose described in subsection (1)(a) or (b) of this section, the
division may provide the most recent address and place of employment of the
child or parent.
(b) If the request for information is made
for a purpose described in subsection (1)(c) or (d) of this section, the
division may provide the following information:
(A) The Social Security number and address
of the parent or alleged parent;
(B) The name, address and federal employer
identification number of the employer of the parent or alleged parent; and
(C) The wages or other income from and
benefits of employment of the parent or alleged parent.
(c) If there is evidence of possible
domestic violence or child abuse by the individual requesting information under
subsection (1) of this section, the division may disclose information under
this subsection only to a court in accordance with rules adopted by the
division.
(3) As used in ORS 180.320 and this
section:
(a) Authorized person includes:
(A) Any agent or attorney of any state who
has the duty or authority under the law of such state to enforce a child
custody determination;
(B) Any court or any agent of the court
having jurisdiction to make or enforce a judgment of paternity, a judgment of
support or a child custody determination;
(C) Any agent or attorney of the
(D) A state agency responsible for
administering an approved child welfare plan or an approved foster care and
adoption assistance plan; and
(E) A custodial parent, legal guardian or
agent of a child, other than a child receiving temporary assistance for needy
families, who is seeking to establish paternity or to establish, modify or
enforce a child support order.
(b) Custody determination means a
judgment or other order of a court providing for the custody of, parenting time
with or visitation with a child, and includes permanent and temporary orders,
and initial orders and modifications. [1985 c.610 §16; 1989 c.633 §2; 1993 c.33
§318; 1997 c.707 §29; 1999 c.859 §5; 2003 c.450 §2; 2003 c.576 §393]
(Tobacco
Master Settlement Agreement)
180.400
Legislative findings. The
Legislative Assembly finds that violations of ORS 323.800 to 323.806 threaten
the integrity of the tobacco Master Settlement Agreement, the fiscal soundness
of the state and the public health. The Legislative Assembly finds that
enacting procedural enhancements will aid the enforcement of ORS 323.800 to
323.806 and thereby safeguard the integrity of the Master Settlement Agreement,
the fiscal soundness of the state and the public health. The provisions of ORS
180.400 to 180.455 and 323.106 are not intended to and may not be interpreted
to amend ORS 323.800 to 323.806. [2003 c.801 §1; 2005 c.22 §125]
Note: 180.400 to 180.455 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
180 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.405
Definitions for ORS 180.400 to 180.455 and 323.106. As used in ORS 180.400 to 180.455 and
323.106:
(1) Brand family means all styles of
cigarettes sold under the same trademark and differentiated from one another by
means of additional modifiers or descriptors, including, but not limited to,
cigarettes labeled menthol, lights, kings, 100s and any cigarettes sold
under a brand name, alone or in conjunction with any other word, trademark,
logo, symbol, motto, selling message, recognizable pattern of colors or other
indicia of product identification, that are identical to, similar to or
identifiable with a previously known brand of cigarettes.
(2) Cigarette has the meaning given that
term in ORS 323.800.
(3) Distributor means a person who is
licensed under ORS 323.105 and any other person who is a distributor for the
purposes of ORS 323.005 to 323.482.
(4) Master Settlement Agreement has the
meaning given that term in ORS 323.800.
(5) Nonparticipating manufacturer means
any tobacco product manufacturer that is not a participating manufacturer.
(6) Participating manufacturer has the
meaning given that term in section II(jj) of the Master Settlement Agreement.
(7) Qualified escrow fund has the
meaning given that term in ORS 323.800.
(8) Tobacco product manufacturer has the
meaning given that term in ORS 323.800.
(9) Units sold has the meaning given
that term in ORS 323.800. [2003 c.801 §2]
Note: See note under 180.400.
180.410
Tobacco product manufacturers certification. (1) Every tobacco product manufacturer whose cigarettes are sold in
this state whether directly or through a distributor, retailer or similar
intermediary shall execute and deliver a certification to the Attorney General
certifying that as of the date of the certification, the tobacco product
manufacturer is either:
(a) A participating manufacturer; or
(b) In full compliance with ORS 323.806
and with rules adopted under ORS 180.445 and 180.450.
(2) The certification required by
subsection (1) of this section shall be on a form prescribed by the Attorney
General and shall be submitted no later than April 30 each year. The form shall
permit the tobacco product manufacturer to indicate the electronic mail address
to which the Attorney General may send notice of changes in the directory
developed under ORS 180.425 if the tobacco product manufacturer elects to
receive electronic mail notice.
(3) A participating manufacturer shall
include in the certification required by subsection (1) of this section a list
of its brand families. The participating manufacturer shall update the list at
least 30 days prior to any addition or modification to its brand families by
executing and delivering a supplemental certification to the Attorney General.
(4) A participating manufacturer may not
include a brand family in the list required by subsection (3) of this section
unless the participating manufacturer affirms that the cigarettes in the brand
family are to be considered the participating manufacturers cigarettes for
purposes of calculating the participating manufacturers payments under the
Master Settlement Agreement for the relevant year, in the volume and shares
determined under the Master Settlement Agreement. This subsection does not
limit or otherwise affect the right of the state to maintain that cigarettes in
a brand family are those of a different tobacco product manufacturer for
purposes of calculating payments under the Master Settlement Agreement or for
purposes of ORS 323.800 to 323.806.
(5) A nonparticipating manufacturer shall
include in the certification required by subsection (1) of this section a
complete list of:
(a) All of its brand families and the
number of units of each brand family that were sold in the state during the
preceding calendar year;
(b) All of its brand families that have
been sold in the state at any time during the current calendar year;
(c) Any brand family of the manufacturer
sold in the state during the preceding calendar year that is no longer being
sold in the state as of the date of the certification, which may be indicated
on the list described in paragraph (a) of this subsection by an asterisk; and
(d) The name and address of every other
tobacco product manufacturer that manufactured a brand family described in
paragraph (a) or (b) of this subsection in the preceding or current calendar
year.
(6) A nonparticipating manufacturer shall
update the list required by subsection (5) of this section at least 30 days
prior to any addition or modification to its brand families by executing and delivering
a supplemental certification to the Attorney General.
(7) A nonparticipating manufacturer may
not include a brand family in the list required by subsection (5) of this
section unless the nonparticipating manufacturer affirms that the cigarettes in
the brand family are to be considered the nonparticipating manufacturers
cigarettes for purposes of ORS 323.800 to 323.806. This subsection does not
limit or otherwise affect the right of the state to maintain that cigarettes in
a brand family are those of a different tobacco product manufacturer for
purposes of calculating payments under the Master Settlement Agreement or for
purposes of ORS 323.800 to 323.806. [2003 c.801 §3; 2005 c.22 §126]
Note: See note under 180.400.
180.415
Contents of certification.
In the certification required by ORS 180.410 (1), a nonparticipating
manufacturer shall further certify:
(1) That the nonparticipating manufacturer
is registered to do business in the State of Oregon or has appointed a resident
agent for service of process and provided notice of the appointment as required
by ORS 180.430.
(2) That the nonparticipating
manufacturer:
(a) Has established and continues to
maintain a qualified escrow fund; and
(b) Has executed a qualified escrow
agreement that has been reviewed and approved by the Attorney General and that
governs the qualified escrow fund. The Attorney General shall adopt rules
defining the form and content of a model escrow agreement. A nonparticipating
manufacturer that executes the model escrow agreement is deemed to have
satisfied the requirement that it use a form of escrow agreement that has been
reviewed and approved by the Attorney General.
(3)(a) The name, address and telephone
number of the financial institution where the nonparticipating manufacturer has
established the qualified escrow fund required by ORS 323.806;
(b) The account number of the qualified
escrow fund and any subaccount number for the State of
(c) The amount the nonparticipating
manufacturer placed in the qualified escrow fund for cigarettes sold in Oregon
during the preceding calendar year, the amount and date of each deposit and
evidence or verification as may be deemed necessary by the Attorney General to
confirm the amounts and dates; and
(d) The amount and date of any withdrawal
of funds the nonparticipating manufacturer made at any time from the qualified
escrow fund or from any other qualified escrow fund into which the
nonparticipating manufacturer ever made escrow payments pursuant to ORS
323.806. [2003 c.801 §4]
Note: See note under 180.400.
180.420
Document retention period. A
tobacco product manufacturer that certifies to the Attorney General as required
by ORS 180.410 and 180.415 shall retain all invoices and documentation of sales
and other information relied upon for the certifications for a period of five
years. [2003 c.801 §5]
Note: See note under 180.400.
180.425
Attorney Generals directory.
(1) The Attorney General shall develop and make available for public inspection
a directory listing all tobacco product manufacturers that have provided
current and accurate certifications conforming to the requirements of ORS
180.410 and 180.415 and all brand families that are listed in the
certifications.
(2) The Attorney General may not include
or retain in the directory the name or brand families of any nonparticipating
manufacturer that fails to provide the required certification or whose
certification the Attorney General determines is not in compliance with ORS
180.410 and 180.415, unless the Attorney General has determined that the
violation has been cured to the satisfaction of the Attorney General. The
Attorney General shall adopt rules defining the criteria by which the Attorney
General will exercise the discretion granted by this subsection.
(3) The Attorney General may not include
or retain in the directory a nonparticipating manufacturer or a brand family if
the Attorney General concludes that:
(a) Any escrow payment required from the
nonparticipating manufacturer pursuant to ORS 323.806 for any period for any
brand family, whether listed or not listed by the nonparticipating
manufacturer, has not been fully paid into a qualified escrow fund governed by
a qualified escrow agreement that has been approved by the Attorney General; or
(b) Any outstanding final judgment,
including interest thereon, for a violation of ORS 323.806 has not been fully
satisfied for the brand family or the nonparticipating manufacturer.
(4) The Attorney General shall update the
directory in order to correct mistakes and to add or remove a tobacco product
manufacturer or a brand family to keep the directory in conformity with the
requirements of this section. The Attorney General shall update the directory
with new brand families upon receipt of an annual or supplemental certification
listing new brand families if the Attorney General determines that the annual
or supplemental certification is in compliance with the requirements of ORS
180.410 and 180.415. The Attorney General shall make the determination about
compliance within 45 days of receipt of the certification.
(5) The Attorney General shall:
(a) Create and maintain a list of persons,
including but not limited to tobacco product manufacturers and distributors,
that are interested in receiving electronic mail notifications of changes in
the directory developed under this section;
(b) Develop a registration form to be
completed by persons interested in receiving electronic mail notification of
changes in the directory developed under this section that are not otherwise
required by ORS 180.435 (3) or rules adopted under ORS 180.445 or 180.450 to
submit their electronic mail addresses to the Attorney General; and
(c) Immediately upon making any change in
the directory developed under this section, send electronic mail notices of the
change to all persons on the list created under this subsection. [2003 c.801 §6]
Note: See note under 180.400.
180.430
Nonparticipating manufacturers service agent. (1)(a) Any nonresident or foreign
nonparticipating manufacturer that has not registered to do business in the
State of Oregon as a foreign corporation or business entity shall, as a
condition precedent to having its brand families listed or retained in the
directory developed under ORS 180.425, appoint and continuously engage the
services of a resident agent in this state. The agent shall act as agent for
service of process on whom all process in any action or proceeding against the
nonparticipating manufacturer concerning or arising out of the enforcement of
this section or ORS 180.410, 180.415, 180.420, 180.435, 180.440 or 323.806, or
rules adopted under ORS 180.445 or 180.450, may be served in any manner
authorized by law. Service on the agent constitutes legal and valid service of
process on the nonparticipating manufacturer.
(b) The nonparticipating manufacturer
shall provide the name, address, telephone number and proof of the appointment
and availability of the agent to the Attorney General.
(2) The nonparticipating manufacturer
shall provide notice to the Attorney General at least 30 calendar days prior to
termination of the authority of an agent and shall provide proof to the
satisfaction of the Attorney General of the appointment of a new agent at least
five calendar days prior to the termination of an existing agent appointment.
If an agent terminates an agency appointment, the nonparticipating manufacturer
shall notify the Attorney General of the termination within five calendar days
and shall include proof to the Attorney General of the appointment of a new agent.
(3) A nonparticipating manufacturer whose
cigarettes are sold in this state who has not appointed or designated an agent
as required by this section shall be deemed to have appointed the Secretary of
State as the agent and may be proceeded against in courts of this state by
service of process upon the Secretary of State. However, the appointment of the
Secretary of State as the agent does not satisfy the condition precedent to
having brand families of the nonparticipating manufacturer listed or retained
in the directory. [2003 c.801 §7]
Note: See note under 180.400.
180.435
Distributors obligations; Attorney Generals and Department of Revenues
sharing of information; nonparticipating manufacturers escrow requirements. (1) Not later than 20 days after the end of
each calendar quarter, and more frequently if so directed by the Attorney
General, a distributor who affixes stamps to cigarette packages in accordance
with the provisions of ORS 323.005 to 323.482 shall report such information as
the Attorney General requires to facilitate compliance by tobacco product
manufacturers with this section and ORS 180.410, 180.415, 180.420, 180.430 and
180.440, and with rules adopted under ORS 180.445 and 180.450. The information
shall include, but need not be limited to, a list by brand family of the total
number of cigarettes or, in the case of roll-your-own tobacco, the equivalent
stick count for which the distributor affixed stamps or otherwise paid the tax
due during the previous calendar quarter.
(2) A distributor shall maintain for a
period of five years all invoices and documentation of sales of cigarettes
manufactured by nonparticipating manufacturers and any other information relied
upon in reporting to the Attorney General under subsection (1) of this section.
The distributor shall make the invoices and other documentation available to
the Attorney General upon request.
(3) A distributor shall provide the
Attorney General with an electronic mail address so that the Attorney General
may notify the distributor of the information required under subsections (1)
and (7) of this section.
(4) The Attorney General and the
Department of Revenue may share with each other information received under this
section and ORS 180.410, 180.415 and 323.106 and may share such information
with federal, state or local agencies for purposes of enforcement of this
section and ORS 180.410, 180.415, 180.420, 180.430, 180.440 and 323.806, rules
adopted under ORS 180.445 and 180.450 and corresponding laws of other states.
(5) The Attorney General may at any time
require a nonparticipating manufacturer to produce proof from the financial
institution in which the nonparticipating manufacturer has established a
qualified escrow fund for the purpose of compliance with ORS 323.806 of the
amount of moneys in the fund, exclusive of interest, the amount and date of
each deposit and the amount and date of each withdrawal from the fund.
(6) The Attorney General shall, upon
request of a nonparticipating manufacturer whose compliance with escrow
requirements is at issue, provide the manufacturer with copies of all documents
upon which any proposed addition to the escrow is based. Documents required to
be provided under this subsection include, but are not necessarily limited to,
reports under this section from distributors. The information provided to the
manufacturer under this subsection may not include information about brand
families or products of any tobacco product manufacturer other than the one to
whom the information is provided. The information may be used only for the
purpose of determining the appropriate amount of escrow deposits.
(7) The Attorney General may require a
distributor or a tobacco product manufacturer to submit any additional
information, including, but not limited to, samples of the packaging and
labeling of each brand family, to enable the Attorney General to determine
whether a tobacco product manufacturer is in compliance with this section and
ORS 180.410, 180.415, 180.420, 180.430 and 180.440 and with rules adopted under
ORS 180.445 and 180.450. [2003 c.801 §8]
Note: See note under 180.400.
180.440
Prohibited conduct; penalty.
(1) A person may not:
(a) Affix a stamp to a package or other
container of cigarettes of a tobacco product manufacturer or brand family that
is not included in the directory developed under ORS 180.425;
(b) Sell, offer for sale or possess for
sale in this state cigarettes of a tobacco product manufacturer or brand family
that the person acquired at a time when the tobacco product manufacturer or
brand family was not included in the directory developed under ORS 180.425; or
(c) Possess in this state for sale in
another jurisdiction cigarettes of a tobacco product manufacturer or brand
family that the person acquired at a time when the tobacco product manufacturer
or brand family was not included in the directory developed under ORS 180.425
and was not in compliance with the Master Settlement Agreement qualifying
statute in the other jurisdiction or with statutes that supplement the qualifying
statute in that jurisdiction.
(2) A person who sells, offers for sale,
distributes, acquires, holds, owns, possesses, transports, imports or causes to
be imported cigarettes that the person knows or should know are intended for
sale or distribution in violation of subsection (1) of this section commits a
Class A misdemeanor. [2003 c.801 §11]
Note: See note under 180.400.
180.445
Attorney Generals rules for escrow deposits. (1) To promote compliance with the provisions of ORS 180.410, 180.415,
180.420, 180.430, 180.435 and 180.440, the Attorney General may adopt rules
requiring a nonparticipating manufacturer to make the escrow deposits required
by ORS 323.806 in quarterly installments during the year in which the sales
covered by the deposits are made. The Attorney General may require a
nonparticipating manufacturer to produce information sufficient to enable the
Attorney General to determine the adequacy of the amount of the installment
deposit.
(2) If the Attorney General adopts rules
requiring a nonparticipating manufacturer to make escrow deposits in quarterly
installments, the rules may also provide that a nonparticipating manufacturer
that has been in continuous compliance for one year with ORS 180.410, 180.415,
180.420, 180.430, 180.435, 180.440 and 323.806 may make escrow deposits
required by ORS 323.806 in annual payments during the second and subsequent
years in which deposits are required. [2003 c.801 §9]
Note: See note under 180.400.
180.450
Judicial review of Attorney Generals actions; Attorney Generals rulemaking
authority; states civil remedies. (1) A determination by the Attorney General to omit or remove from the
directory developed under ORS 180.425 a brand family or tobacco product
manufacturer is subject to review in the manner prescribed by ORS 183.484 for
judicial review of orders in other than contested cases.
(2) The Attorney General may adopt rules
necessary to effect the purposes of ORS 180.400 to 180.455 and 323.106.
(3) In any action brought by the state to
enforce ORS 180.410, 180.415, 180.420, 180.430, 180.435, 180.440 or 323.806, or
any rule adopted under this section or ORS 180.445, the state may recover the
costs of investigation, expert witness fees, costs of the action and reasonable
attorney fees. Moneys recovered under this subsection shall be deposited into
the Tobacco Enforcement Fund established under ORS 180.205.
(4) If a court determines that a person
has violated any provision of ORS 180.410, 180.415, 180.420, 180.430, 180.435
or 180.440, or any rule adopted under this section or ORS 180.445, the court
shall order any profits, gain, gross receipts or other benefit from the
violation to be disgorged and paid to the Tobacco Enforcement Fund established
under ORS 180.205.
(5) Unless otherwise expressly provided,
the remedies or penalties provided by this section and ORS 180.440 and 180.455
are cumulative to each other and to the remedies or penalties available under
all other laws of this state. [2003 c.801 §10]
Note: See note under 180.400.
180.455
Department of Revenues remedies. (1) Upon a determination that a distributor has violated ORS 180.440,
the Department of Revenue may revoke or suspend the license of the distributor
in the manner provided by ORS 323.140. Each stamp affixed and each offer to sell
cigarettes in violation of ORS 180.440 constitutes a separate violation.
(2) Upon a determination that a person
applying for a license under ORS 323.105 has violated ORS 180.440 at any time
within the five years preceding the application, the department may refuse to
issue the license. The department shall provide opportunity for hearing and
judicial review in the manner provided in ORS 323.140.
(3)(a) Upon a determination that a person
has violated ORS 180.440 (1)(b) or (c), the department may impose a civil
penalty in an amount not to exceed the greater of $5,000 or 500 percent of the
retail value of the cigarettes sold, offered for sale or possessed for sale.
Judicial review of an order imposing a civil penalty shall be as provided in
ORS 305.445 and 305.501.
(b) Upon a determination that a person has
violated ORS 180.440 (1)(a), the department may impose a civil penalty in an
amount not to exceed $5,000. Judicial review of an order imposing a civil
penalty shall be as provided in ORS 305.445 and 305.501.
(4) The Attorney General may seek an
injunction to restrain a threatened or actual violation of ORS 180.435 or
180.440 by a distributor and to compel the distributor to comply with those
sections. In any action brought pursuant to this subsection, the state may
recover the costs of investigation, the costs of the action and reasonable
attorney fees.
(5) A person who violates ORS 180.440 (1)
engages in an unlawful practice in violation of ORS 646.608. [2003 c.801 §12]
Note: See note under 180.400.
(Consumer
Protection Services)
180.510
Functions of Department of Justice; personnel. The Department of Justice shall carry out
the functions of the Attorney General under this section and ORS 20.098, 83.710
to 83.750, 83.820 to 83.895, 180.520, 646.605 to 646.656, 646.990, 803.375,
803.385 and 815.410 to 815.430. The Attorney General may employ personnel
necessary to carry out the duties and functions described in this section and
fix their compensation, subject to any applicable provisions of the State
Personnel Relations Law. [1971 c.744 §25; 1981 c.320 §2; 1985 c.251 §10]
180.520
Duties of department; agency cooperation; Consumer Advisory Council created;
membership; compensation and expenses. (1) It shall be the duty of the Department of Justice to:
(a) Coordinate consumer services carried
on by state departments and agencies;
(b) Further consumer education;
(c) Conduct studies and research concerned
with consumer services; receive, process, investigate and take action on
complaints from consumers; and refer such complaints as require further action
to appropriate agencies for enforcement;
(d) Inform the Governor and the Attorney
General and other law enforcement agencies of violations of laws or rules
affecting consumers as its investigations or studies may reveal;
(e) Advise the executive and legislative
branches in matters affecting consumer interests;
(f) Study and report all matters referred
to it by the Legislative Assembly or the Governor;
(g) Inform the public through appearances
at federal and state committee, commission or department hearings of the
policies, decisions or legislation beneficial or detrimental to consumers; and
(h) Evaluate consumer sales contracts for
compliance with plain language standards under ORS 180.545.
(2) Every state agency shall cooperate
with the Department of Justice in carrying out its functions under this
section.
(3) To assist in carrying out chapter 753,
Oregon Laws 1971, there is created in the department a Consumer Advisory
Council.
(a) The Consumer Advisory Council shall
consist of seven members appointed by the Attorney General, two of whom shall
represent business, two of whom shall represent labor, and three of whom shall
represent voluntary consumer agencies.
(b) The members of the council shall be
entitled to compensation and expenses computed as provided in ORS 292.495.
(c) All meetings of the council shall be
open and public and all persons shall be permitted to attend any meeting of the
council. [1981 c.320 §3; 1985 c.587 §§5,8; 1993 c.744 §40]
Note: 180.520 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 180 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Plain
Language Review of Consumer Contracts)
180.540
Review of consumer contracts for conformity with plain language standards. (1) Except as provided in subsection (2) of
this section, a seller or extender of credit may submit to the Department of
Justice any consumer contract issued by the seller or extender of credit for
the purpose of obtaining review of the consumer contract for its compliance
with plain language standards in ORS 180.545.
(2) For the purpose of obtaining a review
of a consumer contract for its compliance with plain language standards in ORS
180.545, if a consumer contract:
(a) Is an insurance policy, the seller or
extender of credit issuing the policy may submit it to the Director of the
Department of Consumer and Business Services.
(b) Is an agreement for a loan or other
extension of credit in which the extender of credit is an insured institution,
as defined in ORS 706.008, the extender of credit under the agreement may
submit the agreement to the Director of the Department of Consumer and Business
Services.
(c) Is an agreement for a loan or other
extension of credit in which the extender of credit is a savings association or
federal association, as those terms are defined in ORS 722.004, a credit union,
as that term is defined in ORS 723.006, or a licensee under ORS chapter 725,
the extender of credit under the agreement may submit the agreement to the
Director of the Department of Consumer and Business Services.
(3) For purposes of this section, a
consumer contract is a written contract made in the course of a consumer
transaction to the value of $50,000, excluding interest or finance charges, in
which the contract involves any of the following, primarily for personal,
family or household use:
(a) Real estate, goods or services as
defined in ORS 646.605.
(b) Any extension of credit, including the
lending of money. [1985 c.587 §§1,6,9; 1997 c.631 §421]
Note: 180.540 to 180.555 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
180 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.545
Plain language standards; approval; fees. (1) The agency to whom a consumer contract is submitted under ORS
180.540 shall review the contract to determine whether it complies with plain
language standards. A consumer contract complies with plain language standards
if it:
(a) Uses words that convey meanings
clearly and directly;
(b) Uses the present tense and active
voice whenever possible;
(c) Primarily uses simple sentences;
(d) Defines only those words that cannot
be properly explained or qualified in the text;
(e) Explains at the beginning that the
form is a contract between parties;
(f) Uses margins adequate for ease in
reading; and
(g) Uses frequent section headings, in a
narrative format, to help locate provisions.
(2) If the agency determines that the
consumer contract complies with the standards in subsection (1) of this
section, the agency shall certify to that effect to the seller or extender of
credit who submitted the contract for review.
(3) An agency reviewing contracts under
this section shall charge a reasonable fee for reviewing each consumer
contract. The agency may require payment of the fee when the contract is
submitted for review. Fees received under this section shall be disposed of as
follows:
(a) Fees received by the Department of
Justice shall be credited to the Department of Justice Operating Account.
(b) Fees received by the Director of the
Department of Consumer and Business Services shall be credited to the Consumer
and Business Services Fund. [1985 c.587 §§2,7,10]
Note: See note under 180.540.
180.550
Compliance statement. A
seller or extender of credit may state the following on a consumer contract
determined by the reviewing agency to comply with the plain language standards
under ORS 180.545: The form of this contract meets
Note: See note under 180.540.
180.555
Exemptions; effect of certification; admissibility. (1) An agency need not review any consumer
contract:
(a) For which a federal or state statute,
rule or regulation prescribes standards of readability applicable to the entire
contract.
(b) For which particular words, phrases,
provisions or forms of agreement are specifically required, recommended or
indorsed by a state or federal statute, rule or regulation.
(2) Certification of a consumer contract
under ORS 180.545 is not an approval of the contracts legality or legal
effect. The fact that a consumer contract has been certified or not shall not
be admissible in any action to interpret or enforce the contract or any term of
contract. [1985 c.587 §4]
Note: See note under 180.540.
(Investigation
of Organized Crime)
180.600
Definitions for ORS 180.600 to 180.630. As used in ORS 180.600 to 180.630:
(1) Department means the state
Department of Justice.
(2) Organized crime means any
combination or conspiracy of two or more persons to engage in criminal activity
as a significant source of income or livelihood, or to violate, aid or abet the
violation of criminal laws relating to prostitution, gambling, loan sharking,
theft, abuse of controlled substances, illegal alcohol or controlled substance
distribution, counterfeiting, extortion or corruption of law enforcement
officers or other public officers or employees. [1977 c.754 §1; 1979 c.744 §10]
180.610
Investigation of organized criminal activity; powers and duties of department. The Department of Justice shall:
(1) Provide all administrative, clerical,
investigative and legal assistance required by ORS 180.600 to 180.630.
(2) Establish a coordinated system of
collecting, storing and disseminating information relating to organized crime.
(3) Develop and maintain a liaison between
local, state and federal law enforcement agencies in
(4) Conduct comprehensive factual studies
of organized criminal activity in
(5) Investigate allegations of corruption
or malfeasance by public officials in
(6) Investigate investment of funds in
180.620
Investigators to have authority of peace officers. All investigators employed pursuant to ORS
180.600 to 180.630 shall have all statutory powers and authority of peace
officers and police officers of the State of
180.630
Acceptance of federal grant of funds; expenditure limitations. Subject to the provisions of ORS 291.375,
the Department of Justice may submit applications for federal grants and, when
approved, accept and expend funds received subject to budgetary limits imposed
by the Legislative Assembly or as modified by the Emergency Board. [1977 c.754 §4]
180.640
Criminal Justice Revolving Account. (1) There is hereby established an account in the General Fund in the
State Treasury to be known as the Criminal Justice Revolving Account. The
creation of and disbursement of moneys from the revolving account shall not
require an allotment or allocation of moneys pursuant to ORS 291.234 to
291.260. All moneys in the account are continuously appropriated for the
purposes set forth in subsection (3) of this section.
(2) Notwithstanding ORS 180.180, all costs
of investigation and prosecution, including attorney fees, awarded to the
Department of Justice in an action or proceeding under ORS 166.715 to 166.735,
whether by final judgment, settlement or otherwise, and all proceeds of civil
penalties imposed under ORS 166.725, shall be deposited in the account
established by this section. The maximum allowable balance in such account is
$750,000. When moneys in the account exceed $750,000, the excess funds shall be
deposited in the General Fund of the State Treasury.
(3) Moneys in the revolving account may be
used by the Attorney General to reimburse the Department of Justice, district
attorneys and state and local governmental departments and agencies for the
costs of investigation and prosecution of any civil or criminal action or
proceeding under ORS 166.715 to 166.735, to maintain and preserve property
subject to forfeiture pending its sale or other disposition and to reimburse
expenses of the Department of Justice incurred in carrying out the provisions
of ORS 180.600 to 180.630.
(4) The Attorney General may present an
accounting to the State Treasurer for costs and expenses referred to in
subsection (3) of this section. To the extent that sufficient funds exist in
the Criminal Justice Revolving Account, the State Treasurer promptly shall
reimburse the Department of Justice for the costs and expenses included in the
Attorney Generals accounting. [1983 c.292 §6; 1983 c.715 §5]
(School
Safety Hotline)
180.650
Establishment; rules; plan.
(1) As used in this section, local law enforcement contact means a local law
enforcement officer that a school district wants to be notified when a report
concerning a school within the school district is received on the School Safety
Hotline.
(2) Subject to the availability of funds,
the Department of Justice shall establish a toll-free telephone line that is
available to school-age children and other members of the public for the
purpose of reporting criminal or suspicious activities on school grounds or at
school-sponsored activities. The toll-free telephone line established under
this section shall be known as the School Safety Hotline.
(3)(a) The department shall adopt rules
necessary to establish and operate the School Safety Hotline. The department
shall include in the rules provisions that protect the identity of a caller
while maximizing opportunities to allow follow-up calls by either the callers
or the local law enforcement contacts to provide or obtain further information.
(b) The department is not responsible for
investigating reports received on the hotline. The appropriate school district
and appropriate local law enforcement agency shall take any follow-up action
that they deem appropriate.
(4) At least annually, a school district
shall provide the department with a list of the school districts local law
enforcement contacts.
(5) The department may contract with a
private entity or enter into an interagency agreement with a state agency or
political subdivision of the state to establish and operate the School Safety
Hotline.
(6) The department, in collaboration with
school officials, law enforcement agencies and other interested persons, shall
develop a plan to promote the use of the hotline by school-age children. [2001
c.619 §1]
Note: 180.650 and 180.660 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
180 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.660
Funding; rules. (1) The
Department of Justice shall seek funds to establish and operate the School
Safety Hotline. The department may accept gifts, grants and donations from any
source for the purpose of carrying out its duties under ORS 180.650.
(2) All moneys received by the department
under subsection (1) of this section shall be paid over to the State Treasurer
monthly for deposit in the Department of Justice Operating Account created
under the provisions of ORS 180.180. Amounts deposited pursuant to this
subsection are continuously appropriated to the Attorney General to pay the
expenses of the department in administering the School Safety Hotline.
(3) The department may begin rulemaking
and take other steps in preparation for establishing and operating the School
Safety Hotline but may not enter into binding obligations until funds have been
committed. [2001 c.619 §2]
Note: See note under 180.650.
(Batterers
Intervention Programs)
180.700
Advisory committee; rules.
The Attorney General shall appoint an advisory committee composed at least of
representatives from local supervisory authorities, batterers intervention
programs and domestic violence victims advocacy groups. The Attorney General,
in consultation with the advisory committee, shall adopt rules that establish
standards for batterers intervention programs. The rules adopted must include,
but are not limited to:
(1) Standards for contacts between the
defendant and the victim;
(2) Standards for the dissemination of
otherwise confidential medical, mental health and treatment records;
(3) Standards that protect to the greatest
extent practicable the confidentiality of defendants who are participating in
domestic violence deferred sentencing agreements;
(4) A requirement that the designated
batterers intervention program must report to the defendants local
supervisory authority any criminal assaults, threats to harm the victim or any
substantial violation of the programs rules by the defendant; and
(5) Standards for batterers intervention
programs that are most likely to end domestic violence and increase victims
safety. [2001 c.634 §1]
Note: 180.700 and 180.710 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
180 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
180.710
Program reviews. (1) A local
supervisory authority, in consultation with a local domestic violence coordinating
council recognized by this state or a county, may periodically review batterers
intervention programs located within the jurisdiction of the local supervisory
authority for compliance with rules promulgated under ORS 180.700.
(2) If a review is completed under
subsection (1) of this section, a copy of the review shall be sent by the local
supervisory authority to the presiding judge and the district attorney for the
county in which the local supervisory authority operates. [2001 c.634 §2]
Note: See note under 180.700.
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