Chapter 180 — Attorney General; Department of Justice

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

(1)

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.

(2)

Upon a determination that a person applying for a license under ORS 323.520 has violated ORS 180.486 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 323.535.

(3)(a)

Upon a determination that a person has violated ORS 180.486 (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 smokeless tobacco products 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 180.486 (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 180.483 or 180.486 by a distributor and to compel the distributor to comply with ORS 180.483 and 180.486. 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 180.486 (1) engages in an unlawful practice in violation of ORS 646.608.

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