578.260 Penalty for failure to relinquish collected assessment moneys; civil action or other remedies
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578.260 Penalty for failure to relinquish collected assessment moneys; civil action or other remedies.
(1)If a person responsible for the transmittal of assessment moneys to the Oregon Wheat Commission fails to relinquish assessment moneys collected, the person shall pay a civil penalty to the commission equal to twice the amount of the unrelinquished assessment moneys.
(2)The commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessment or civil penalty, obtain injunctive relief or obtain specific performance under this chapter.
(3)If the person responsible for the transmittal of assessment moneys is a corporation, all directors and officers of the corporation are personally liable for a failure to relinquish the assessment moneys collected by the corporation.
(4)If the commission obtains a favorable judgment in an action or suit under subsection
(2)of this section, the court shall award the commission costs and reasonable attorney fees.
(5)Unless the person required to pay an assessment and the person responsible for collecting the assessment are related businesses, the commission may not collect from the person required to pay the assessment any amount deducted by the person responsible for collecting the assessment and due and owing to the commission. [2013 c.93 §4]