Oregon Statutes 717.295 – Injunctions; consent orders
(1) If the Director of the Department of Consumer and Business Services believes that any person has engaged in, is engaging in or is about to engage in any act or practice constituting a violation of any provision of ORS § 717.200 to 717.320, 717.900 and 717.905, or of any rule or order adopted or issued under ORS § 717.200 to 717.320, 717.900 and 717.905, the director may initiate an action in the Circuit Court for Marion County to enjoin the act or practice and to enforce compliance with any provision of ORS § 717.200 to 717.320, 717.900 and 717.905 or of any rule or order adopted or issued under ORS § 717.200 to 717.320, 717.900 and 717.905. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted or a receiver or conservator may be appointed for the defendant‘s assets. The director shall not be required to post a bond. The court may award a prevailing party reasonable attorney fees and costs.
Terms Used In Oregon Statutes 717.295
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) The director may enter into consent orders at any time with any person to resolve any matter arising under ORS § 717.200 to 717.320, 717.900 and 717.905. A consent order must be signed by the person to whom it is issued or a duly authorized representative, and must indicate agreement to the terms contained in the consent order. A consent order need not constitute an admission by any person that any provision of ORS § 717.200 to 717.320, 717.900 and 717.905, or of any rule or order adopted or issued under ORS § 717.200 to 717.320, 717.900 and 717.905, has been violated, nor need it constitute a finding by the director that the person has violated any provision of ORS § 717.200 to 717.320, 717.900 and 717.905, or of any rule or order adopted or issued under ORS § 717.200 to 717.320, 717.900 and 717.905.
(3) Notwithstanding the issuance of a consent order, the director may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order, unless the consent order by its terms expressly precludes the director from so doing. [1999 c.571 § 22]