646.760 Civil
penalties; attorney fees; mitigation.
(1) The Attorney General may prosecute an action for appropriate injunctive
relief and civil penalties in the name of the state for any violation of ORS
646.705 to 646.805. The court may assess for the benefit of the state a civil
penalty of not more than $1 million for each violation of ORS 646.705 to
646.805. A court may find that any act or series of acts by an officer, partner
or agent of a business entity on behalf of the business entity constitutes a
violation or violations by the individual person as well as the business
entity. The court may impose separate penalties against each individual as well
as the business entity for each violation. The court may award reasonable
attorney fees, expert fees and costs of investigation to the Attorney General
if the Attorney General prevails in an action under this section. The court may
award reasonable attorney fees, expert fees and costs of investigation to a
defendant who prevails in an action under this section if the court determines
that the Attorney General had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of the trial
court.
(2) The Attorney
General’s complaint may also seek, and the court may order, in an appropriate
case, the forfeiture of any corporate franchise, business entity registration,
professional or business license or right to do business or to use an assumed
business name if the court finds a defendant’s use of the franchise, business
entity registration, license or right has been material to a violation of ORS
646.725 or 646.730.
(3) The court
shall take into consideration in mitigation of any penalty assessed under this
section, any fine or penalty imposed against the defendant by a United States
court in a final judgment under 15 U.S.C. 1 to 45, which the court finds to be
based on the same or substantially the same acts of defendant. [1975 c.255 §8;
1981 c.897 §80; 1995 c.696 §36; 1999 c.370 §1; 2023 c.103 §2]
Notes of Decisions
Oregonian Publ'g Co. v. O'Leary, 736 P.2d 173 (Or. 1987).
· cites it 3× “617 provides: “In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be…”
State v. Threet, 653 P.2d 960 (Or. 1982).
· cites it 2× “619 only come into play when a witness refuses to testify or produce evidence on the ground of self-incrimination “[i]n any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.”
State v. Herrera, 594 P.2d 823 (Or. 1979).
“760, if a witness refuses to testify or produce evidence of any kind on the ground that he may be incriminated thereby, and if the prosecuting attorney moves the court to order the witness to testify or produce evidence, the court shall forthwith hold a summary hearing at which…”
State Ex Rel. Oregonian Publ'g Co. v. Sams, 692 P.2d 116 (Or. 1984).
“617: “In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated…”
State v. Grabill, 579 P.2d 316 (Or. Ct. App. 1978).
“760, if a witness refuses to testify or produce evidence of any kind on the ground that he may be incriminated thereby, and if the prosecuting attorney moves the court to order the witness to testify or produce evidence, the court shall forthwith hold a summary hearing at which…”
Oregonian Publ'g Co. v. O'LEARY, 724 P.2d 822 (Or. Ct. App. 1986).
“617: “In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated…”
State ex rel Lasswell v. Sanders, 643 P.2d 1273 (Or. 1982).
“617 provides: “In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be…”
State v. Nefstad, 781 P.2d 358 (Or. Ct. App. 1989).
“760, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated thereby, the prosecuting attorney may move the court to order the witness to testify or produce evidence. The court shall forthwith hold a summary hearing at…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.