Oregon Statutes 646A.230 – Action by Attorney General or district attorney; civil and criminal penalties
(1)(a) The Attorney General or a district attorney may bring an action in the name of the state against a person to restrain and prevent a violation of ORS § 646A.202, 646A.204, 646A.220 or 646A.222.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Oregon Statutes 646A.230
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The Attorney General or a district attorney may in the name of the state seek and obtain a civil penalty from a person that violates an order or injunction issued pursuant to this subsection.
(2)(a) A person that violates an order or injunction issued pursuant to subsection (1) of this section shall forfeit and pay a civil penalty of not more than $1,000 per violation. The circuit court issuing the order or injunction retains jurisdiction of the action to consider a request for a civil penalty.
(b) In an action that a prosecuting attorney brings under this section, the court may award the prevailing party, in addition to any other relief provided by law, reasonable attorney fees at trial and on appeal.
(3) A person that willfully and intentionally violates a provision of ORS § 646A.220 to 646A.230 commits a Class B misdemeanor. Violation of an order or injunction issued under subsection (1) of this section constitutes prima facie proof of a violation of a provision of ORS § 646A.220 to 646A.230. [Formerly 646.899; 2017 c.141 § 5]