Chapter 180 — Attorney General; Department of Justice

180.010 Office of Attorney General

There is established the office of Attorney General of the State of Oregon.

180.020 Election; term of office

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 …

180.030 Filing certificate of election or appointment

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.

180.040 Governor to fill vacancy by appointment; term of appointee

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.

180.050 Location of office

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)

180.060 Powers and duties of Attorney General

The Attorney General shall: 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. 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 s…

180.070 Power of Attorney General to conduct investigations and prosecutions; duties of district attorneys unaffected

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. 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 pr…

180.073 Subpoena authority in criminal investigation

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 subpoe…

180.075 Disclosure of information obtained under subpoena

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: 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 …

180.080 Attorney General to manage criminal proceedings in court or before grand jury at request of Governor

When directed by the Governor, the Attorney General shall attend in person, or by one of the assistants of the Attorney General, in 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 th…

180.090 Investigations and special prosecutions; calling on other departments and officers for assistance; employing special investigators

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 invest…

180.095 Department of Justice Protection and Education Revolving Account

The Department of Justice Protection and Education Revolving Account is created in the General Fund. All moneys in the account are continuously appropriated to the Department of Justice and may be used to pay for only the following activities: Restitution and refunds in proceedings described in paragraph (c) of this subsection; Consumer and business educat…

180.096 Use of Countrywide Financial Corporation settlement proceeds

Notwithstanding the purposes set forth in ORS 180.095, and except as provided in subsection (2) of this section, the Department of Justice shall use the proceeds of the State of Oregon’s settlement with Countrywide Financial Corporation that are deposited into the Department of Justice Protection and Education Revolving Account to make grants, in consultatio…

180.097 [1971 c.85 §§8,9; 1977 c.445 §1; repealed by 1993 c.518 §4]

180.100 Legislative bills; preparation on request

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 intr…

180.110 Keeping copies of opinions and records of cases; biennial report; printing and binding opinions

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 …

180.120 Defending in criminal proceedings for Oregon State Police or member thereof; conducting prosecutions

The Attorney General shall: 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. Conduc…

180.125 Intergovernmental road maintenance agreements

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: Recognize that the agreement is a cooperative effort between the department and t…

180.130 Deputy Attorney General

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 Ge…

180.140 Other assistants; salaries; representation of indigent clients

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 th…

180.150 Clerks

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 (Fiscal Matters)

180.160 Charges for services to public agencies; rules

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 suc…

180.165 [1975 c.458 §9; repealed by 1989 c.633 §3]

180.170 Billing for services to public agencies

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 re…

180.180 Department of Justice Operating Account

The Department of Justice Operating Account is created in the General Fund. Moneys credited to the account are continuously appropriated to the Department of Justice for the purpose of paying expenses incurred by the department, including those incurred by the Division of Child Support, but not including expenses described in ORS 180.095, that are reimbursab…

180.190 Department of Justice Current Expense Account; Department of Justice Portland Legal Office Petty Cash Account

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. …

180.200 Department of Justice Client Trust Account

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. The trust account established by this…

180.205 Tobacco Enforcement Fund

The Tobacco Enforcement Fund is established separate and distinct from the General Fund. The Tobacco Enforcement Fund shall consist of: Moneys deposited into the fund under ORS 180.450, 180.451, 180.491 and 323.804; and Moneys transferred to the fund under ORS 293.537. Moneys in the Tobacco Enforcement Fund are continuously appropriated to the Department …

180.207 Requirements for Department of Justice agency request budget

Each biennium, the Department of Justice shall include in its agency request budget filed under ORS 291.208 discrete amounts necessary to fund the projected costs of continuing state support for the following currently authorized programs and activities for the next biennium: Children’s advocacy centers as defined in ORS 418.782; The Survivor Housing Funds…

180.210 Department of Justice; Attorney General head and chief law officer

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.

180.220 Powers and duties

The Department of Justice shall have: 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. 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…

180.225 Attorney General representing public bodies in antitrust proceedings

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.

180.230 Compensation not allowed state departments for attorney services

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.

180.235 Authority of agency to employ counsel; qualification and salary; status

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 co…

180.240 Attorney General and Department of Justice to have powers and prerogatives of district attorneys

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.

180.250 [1983 c.481 §2; repealed by 1993 c.188 §15]

180.255 [1983 c.481 §3; repealed by 1993 c.188 §15]

180.260 Service of process by department employees

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 all child support actions initiated by the Division of Child Support or to which the division is a party, in litigation and other proceedings in which the state is interested. An employee o…

180.265 Authority of department to delegate certain duties to employees of Department of Revenue

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.

180.267 Authority of Department of Justice to require fingerprints

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Justice may require the fingerprints of a person who: Is applying for employment by the department; or Provides services or seeks to provide services to the department as a contractor or volunteer; and Is, or will be, working or providing servi…

180.269 Biennial litigation reports to Legislative Assembly

On or before March 1 of each odd-numbered year, the Department of Justice shall submit a report to the chairpersons of the standing or interim Joint Committee on Ways and Means regarding materially significant or noteworthy litigation involving the state that is ongoing or that concluded in the biennium preceding the report. Notwithstanding ORS 192.311 to 19…

180.310 [Subsections (1) and (2) enacted as 1957 c.105 §2 and 1957 c.424 §1; 1961 c.629 §1; repealed by 1975 c.458 §18]

(Division of Child Support)

180.320 Cooperation with division in enforcement; confidentiality of information furnished to division

All state agencies, district attorneys and all police officers of the state, county or any municipality, university 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 pare…

180.330 District attorneys not relieved from duties relating to enforcement of support laws

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.

180.340 Division of Child Support established; employment of personnel

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 applica…

180.345 Oregon Child Support Program; rules

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 Oregon Child Support Program. The Administrator of the Division of Child Support of the Department of Justice is the Oregon Child Support Program Director for th…

180.350 Investigators to have authority of peace officers

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.

180.360 Division exempt from payment of certain court fees; exemption

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, an…

180.365 Child Support Suspense Fund

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, 2…

180.370 [1957 c.105 §6; repealed by 1997 c.704 §49]

180.380 Disclosure of information to authorized persons

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: Enforce any state or federal law regarding the unlawful taking or restraint of a child; Make or enforce a child custody determination; Es…

180.400 Legislative findings

The Legislative Assembly finds that violations of ORS 323.800 to 323.807 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 323.807 and thereby safeguard the integrity of the …

180.405 Definitions

As used in ORS 180.400 to 180.455 and 323.106: “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 conjunct…

180.410 Manufacturer certification

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 participating manufacturer; or In full com…

180.415 Nonparticipating manufacturer certification; rules

In the certification required by ORS 180.410 (1), a nonparticipating manufacturer shall further certify: That the nonparticipating manufacturer and, if applicable, the nonparticipating manufacturer’s importer are registered to do business in the State of Oregon or have appointed a resident agent for service of process and provided notice of the appointment …

180.416 Nonparticipating manufacturer bond; rules

A nonparticipating manufacturer shall post a bond for the benefit of the state, in accordance with this section, which is conditioned on the nonparticipating manufacturer fully complying with the obligations of ORS 323.804 or 323.806. The bond must be posted at least 10 days in advance of each calendar quarter as a condition to the nonparticipating manufact…

180.420 Document retention period

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. Note: See note under 180.400.

180.425 Attorney General’s directory; rules

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. The Attorney General may not include or retain in the …

180.430 Nonresident nonparticipating manufacturer service agent

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 thi…

180.435 Distributor obligations; production of records and testimony; Attorney General and Department of Revenue information sharing; nonparticipating manufacturer requirements

Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a distributor 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…

180.440 Prohibited conduct; penalty

A person may not: 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; Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product m…

180.441 Prohibited shipping; in-person sale required

A person engaged in the business of selling cigarettes, inhalant delivery systems or smokeless tobacco products for profit may not ship or transport, or cause to be shipped or transported, cigarettes, inhalant delivery systems or smokeless tobacco products ordered or purchased by mail or telephone or through a computer or other electronic network to any pers…

180.445 Quarterly escrow deposits or equity assessment payments; rules

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 or equity assessment payments required by ORS 323.804 or 323.806 in quarterly installments during the year in which the sales covered by the deposi…

180.448 Attorney General investigative demand

If it appears to the Attorney General that a person, including a person described in ORS 180.441 (1)(b), has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 180.400 to 180.455 or 323.806, or that could lead to the discovery of relevant information in an investigation of …

180.450 Judicial review; civil remedies; rules

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. The Attorney General may adopt rules necessary to effect the purposes of ORS 180.400 …

180.451 Civil remedies for violation of ORS 180.441; penalty

The Attorney General may bring a civil action in the name of the State of Oregon against a person who violates ORS 180.441 or for the purpose of seeking an injunction to restrain an actual or threatened violation of ORS 180.441 and compel compliance with ORS 180.441. If a court determines that a person violated ORS 180.441, the court shall order the disgorg…

180.455 Revocation or suspension of distributor license; refusal to issue license; penalties; remedies

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. Upon a determination that a person applying for a license un…

180.465 Legislative findings

The Legislative Assembly finds that violations of ORS 323.810 to 323.816 threaten the integrity of the Smokeless 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 323.810 to 323.816 and thereby safeguard the integri…

180.468 Definitions

As used in ORS 180.465 to 180.494: “Distributor” means a person who is licensed under ORS 323.530 and any other person who is a distributor for the purposes of ORS 323.500 to 323.645. “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer. “Participating manufacturer” has the meaning given that term…

180.471 Manufacturer certification

Every tobacco product manufacturer whose smokeless tobacco products 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 participating manufactur…

180.474 Nonparticipating manufacturer certification; rules

In the certification required by ORS 180.471, a nonparticipating manufacturer shall further certify: 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 180.480. That the nonparticipating manufacturer: H…

180.477 Attorney General’s directory; rules

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 180.471 and 180.474. The Attorney General may not include or retain in the directory the name of any nonparticipating manufacturer that …

180.480 Nonresident nonparticipating manufacturer service agent

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 being listed or retained in the directory developed under ORS 180.477, appoint and continuously engage the services of a resident agent in this state. The agent s…

180.483 Distributor obligations; Attorney General and Department of Revenue information sharing; nonparticipating manufacturer escrow requirements

Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a distributor of smokeless tobacco products subject to the requirements of ORS 323.500 to 323.645 shall report such information as the Attorney General requires to facilitate compliance by tobacco product manufacturers with this section …

180.486 Prohibited conduct; penalty

A person may not: Sell, offer for sale or possess for sale in this state smokeless tobacco products of a tobacco product manufacturer that is not included in the directory developed under ORS 180.477; Sell, offer for sale or possess for sale in this state smokeless tobacco products of a tobacco product manufacturer that the person acquired at a time when t…

180.489 Quarterly escrow deposits; rules

To promote compliance with the provisions of ORS 180.471, 180.474, 180.477, 180.480, 180.483 and 180.486, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits required by ORS 323.816 in quarterly installments during the year in which the sales covered by the deposits are made. The Attorney General may req…

180.491 Judicial review; civil remedies; rules

A determination by the Attorney General to omit or remove a tobacco product manufacturer from the directory developed under ORS 180.477 is subject to review in the manner prescribed by ORS 183.484 for judicial review of orders in other than contested cases. The Attorney General may adopt rules necessary to effect the purposes of ORS 180.465 to 180.494 and 3…

180.494 Revocation or suspension of distributor license; refusal to issue license; penalties; remedies

Upon a determination that a distributor has violated ORS 180.486, the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS 323.535. Each offer to sell smokeless tobacco products in violation of ORS 180.486 constitutes a separate violation. Upon a determination that a person applying for a license under ORS…

180.500 Model training program for groups and agencies that interact with persons who have experienced trauma

The Department of Justice shall develop a model training program for groups and agencies that interact with persons who have experienced trauma. The model training program must, at a minimum: Be research-based and take into account the psychological and neurological effects of trauma; Utilize best practices when recommending techniques for interacting with…

180.502 Training program concerning human trafficking awareness and prevention

No later than January 1, 2025, the Department of Justice shall develop a training program for state agency employees concerning human trafficking awareness and prevention. Beginning January 1, 2025, the training described in subsection (1) of this section shall be completed on an annual basis by those employees of the following agencies who the agency deter…

180.510 Functions of Department of Justice; personnel

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, 336.184, 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 f…

180.520 Duties of department; agency cooperation; Consumer Advisory Council created; membership; compensation and expenses

It shall be the duty of the Department of Justice to: Coordinate consumer services carried on by state departments and agencies; Further consumer education; 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 approp…

180.540 Review of consumer contracts for conformity with plain language standards

Except as provided in subsection (2) of this section, a seller or extender of credit may submit to the Department of Justice a consumer contract issued by the seller or extender of credit for the purpose of obtaining review of the consumer contract for the consumer contract’s compliance with plain language standards in ORS 180.545. For the purpose of obtain…

180.545 Plain language standards; approval; fees

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: Uses words that convey meanings clearly and directly; Uses the present tense and active voice whenever possible; Primarily uses sim…

180.550 Compliance statement

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.” Note: See note under 180.540.

180.555 Exemptions; effect of certification; admissibility

An agency need not review any consumer contract: For which a federal or state statute, rule or regulation prescribes standards of readability applicable to the entire contract. 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. Certific…

180.600 Definitions

As used in ORS 180.600 to 180.630: “Department” means the state Department of Justice. “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…

180.610 Investigation of organized criminal activity; powers and duties of department

The Department of Justice shall: Provide all administrative, clerical, investigative and legal assistance required by ORS 180.600 to 180.630. Establish a coordinated system of collecting, storing and disseminating information relating to organized crime. Develop and maintain a liaison between local, state and federal law enforcement agencies in Oregon, as…

180.620 Investigators to have authority of peace officers

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.

180.630 Acceptance of federal grant of funds; expenditure limitations

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.

180.640 Criminal Justice Revolving Account

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…

180.650 [2001 c.619 §1; repealed by 2016 c.74 §5]

180.660 [2001 c.619 §2; repealed by 2016 c.74 §5]

(Batterers’ Intervention Programs)

180.700 Advisory committee; rules

The Attorney General shall appoint an advisory committee composed of: Representatives from local supervisory authorities, batterers’ intervention programs and domestic violence victims’ advocacy groups; and Persons who: Are experienced with evidence-based practices specific to reducing recidivism that take into account risk factors, needs and responsivene…

180.710 Program reviews

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. If a review is completed under subsection…

180.720 Hope Card Program; rules

The Department of Justice shall develop, implement and administer a statewide Hope Card Program for the issuance of information cards regarding eligible civil protection orders. The department, by rule, shall establish eligibility requirements for eligible civil protection orders. Upon request, the Hope Card Program shall provide one or more information ca…

180.750 Definitions

As used in ORS 180.750 to 180.785: “Claim” means a request or demand made to a public agency, including a request or demand made pursuant to a contract, that seeks moneys, property, services or benefits that will be provided in whole or in part by a public body, whether directly or through reimbursement of another public agency that provides the moneys, pro…

180.755 Prohibited acts

A person may not: Present for payment or approval, or cause to be presented for payment or approval, a claim that the person knows is a false claim. In the course of presenting a claim for payment or approval, make or use, or cause to be made or used, a record or statement that the person knows to contain, or to be based on, false or fraudulent information…

180.760 Civil action for violation; remedies; penalty

The Attorney General may bring a civil action in the name of the State of Oregon against a person who violates ORS 180.755. The Attorney General may bring the action in the Circuit Court for Marion County or in a circuit court in any county in which part of the conduct that constituted the violation took place. Repayment of or intent to repay any amounts ob…

180.765 Statute of limitation

An action under ORS 180.760 must be brought within five years after the date that the Attorney General discovers the violation of ORS 180.755. In no event may an action under ORS 180.760 be brought more than 10 years after the date on which the violation is committed. Note: See note under 180.750.

180.770 Estoppel

Any judgment that is no longer subject to appeal and that was rendered in favor of the state or of the United States in a criminal proceeding based on conduct that gives rise to an action under ORS 180.760, whether based on a verdict after trial or upon a plea of guilty or nolo contendere, estops a defendant in an action under ORS 180.760 from denying the el…

180.775 Investigative demand

If it appears to the Attorney General that a person has possession, custody or control of any information, document or other materials that are relevant to an investigation of a violation of ORS 180.755, or that could lead to the discovery of relevant information in an investigation of a violation of ORS 180.755, the Attorney General may cause an investigati…

180.777 Confidentiality and use of documentary material, answers to interrogatories and transcripts of oral testimony

While in the possession of the Attorney General, any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence and not be disclosed to any person except: The person providing the material or answers; The representative or attorney of the person providing the material or answers; Persons employed by the …

180.780 Distribution of recovered amounts

If a judgment is entered in favor of the state under ORS 180.760, the Attorney General shall first apply amounts collected under the judgment to reimburse the state for the costs, attorney fees and expenses, including investigative costs, incurred as a result of the violation of ORS 180.755. After reimbursement under subsection (1) of this section, amounts …

180.785 Remedy not exclusive

The remedies provided under ORS 180.760 are in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Claims based on remedies available under other provisions of law may be joined in an action under ORS 180.760. Note: See note under 180.750. (Immigration)

180.805 Prohibited involvement of public bodies in federal immigration law enforcement; civil action

As used in this section: “Federal immigration authority” means the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the United States Customs and Border Protection or a successor agency, any other federal immigration agency or official, or any other …

180.810 Model confidentiality policy; rules

The Attorney General shall publish model policies intended to limit, to the fullest extent possible consistent with state and federal law, immigration enforcement at public schools, public health facilities, courthouses, public shelters and other public facilities operated by a public body. All public bodies are encouraged to implement policies based on the…