Oregon Statutes 180.455 – Revocation or suspension of distributor license; refusal to issue license; penalties; 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.
Terms Used In Oregon Statutes 180.455
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(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 person and to compel the person 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, reasonable attorney fees and a civil penalty for each violation not to exceed $5,000. The civil penalty must be imposed in the manner provided by ORS § 183.745.
(5) A person who violates ORS § 180.440 (1) engages in an unlawful practice in violation of ORS § 646.608. [2003 c.801 § 12; 2009 c.70 § 2]
See note under 180.400.
(Smokeless Tobacco Master Settlement Agreement)