USA Statutes : oregon
Title : TITLE 18 EXECUTIVE BRANCH; ORGANIZATION
Chapter : Chapter 180 Attorney General; Department of Justice
There is established the office
of Attorney General of the State of Oregon. 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. 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]
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. 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) (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 thereof may have an interest, submitted to the
Attorney General by the Governor, any officer, department, agency, board
or commission of the state or any member of the legislature.

(3)(a) Except as provided in paragraph (b) of this subsection, the
Attorney General shall not render opinions or give legal advice to others
than such 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 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.

(5) The Attorney General shall, when requested, perform all legal
services for the state or any department or officer of the state.

(6) 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.

(7) The Attorney General shall assign to each agency, department,
board or commission an assistant who shall be its counsel responsible for
insuring the performance of the legal services requested by such 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 thereof, provided, however, such
approval shall not be unreasonably withheld. Such approval may be
withdrawn at any time by the chief administrator and thereupon the
Attorney General shall assign replacement counsel to the agency,
department, board or commission.

(8) The Attorney General shall not appear on behalf of any officer,
department, agency, board or commission without its consent in any
action, suit, matter, cause or proceeding in any court or before any
other federal or state regulatory body.

(9) The responsibility of establishing policies for each agency,
department, board or commission shall rest upon the chief administrator
thereof. [Amended by 1971 c.418 §1; 1999 c.142 §1](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. (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 United States or foreign country in which the person
resides. Any circuit court may issue a letter rogatory for the
examination as provided in ORCP 38 B.

(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. 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.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.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. (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] 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.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](1) The Attorney General
shall:

(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] 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) 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.(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 General’s 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] 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) 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] 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] (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](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] (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. (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.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. (1) The Department of Justice shall have:

(a) General control and supervision of all civil actions and legal
proceedings in which the State of Oregon may be a party or may be
interested.

(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]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]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](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]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. (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]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]
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.(Division of Child Support)(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]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]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] (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 Oregon.

(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]
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]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] (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] (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 United States or of a state who
has the duty or authority to investigate, enforce or bring a prosecution
with respect to the unlawful taking or restraint of a child;

(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) 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. 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. (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 manufacturer’s cigarettes
for purposes of calculating the participating manufacturer’s 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 manufacturer’s
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. 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 Oregon;

(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. 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. (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. (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.(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. (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. (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.(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. (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) 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](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)(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. (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. 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 Oregon plain language guidelines.” [1985
c.587 §3]

Note: See note under 180.540. (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 contract’s 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) 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]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 Oregon, assisting them in the investigation
and suppression of organized criminal activity and encouraging
cooperation among those agencies.

(4) Conduct comprehensive factual studies of organized criminal
activity in Oregon, outlining existing state and local policies and
procedures with respect to organized crime, and formulating and proposing
such changes in those policies and procedures as the department may deem
appropriate.

(5) Investigate allegations of corruption or malfeasance by public
officials in Oregon and, where appropriate, coordinate, cooperate and
assist in taking legal action.

(6) Investigate investment of funds in Oregon suspected to have
been generated by criminal activities. [1977 c.754 §2] 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 Oregon. [1977 c.754 §3]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] (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 General’s accounting. [1983 c.292 §6; 1983 c.715 §5](School Safety Hotline) (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 district’s 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. (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) 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 defendant’s local supervisory authority any
criminal assaults, threats to harm the victim or any substantial
violation of the program’s 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. (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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