59.995 Civil penalties for ORS 59
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59.995 Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991; exceptions. (1)(a) Except as provided in paragraphs
(b)and
(c)of this subsection, in addition to all other penalties and enforcement provisions provided by law, any person that violates or procures, aids or abets the violation of this section and ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991 or any rule or order of the Director of the Department of Consumer and Business Services is subject to a penalty of not more than $20,000 for every violation, which must be paid to the General Fund of the State Treasury.
(b)Any person that violates or procures, aids or abets the violation of ORS 59.485 or of any rule the director adopts for administration of ORS 59.480 to 59.505 is subject to a penalty of not more than $1,000 for every violation, which must be paid to the General Fund of the State Treasury.
(c)A person that violates or procures, aids or abets a violation of this section or ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991 or any rule or order of the director and that knows or should know that the act or practice that constitutes the violation injures, or is otherwise directed at, a vulnerable person, as defined in ORS 124.100, is in addition to all other penalties and enforcement provisions provided by law subject to a penalty of not more than $60,000 for each violation, which must be paid to the General Fund of the State Treasury.
(2)Every violation described in subsection (1)(a) and
(c)of this section is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation under subsection (1)(a) of this section may not exceed $100,000 and the maximum penalty for a continuing violation under subsection (1)(c) of this section may not exceed $300,000.
(3)Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4)In addition to imposing a penalty provided under this section, the director may order a person whose acts, omissions, practices, operations or violation of ORS 59.005 to 59.505 and 59.710 to 59.830 or a rule or order of the director causes harm to another person to pay restitution to the other person.
(5)This section does not apply to:
(a)A failure to file a notice and pay a fee pursuant to ORS 59.049 (1),
(2)or (3);
(b)A failure to file a notice and pay a fee pursuant to ORS 59.165 (7);
(c)A failure to pay a fee pursuant to ORS 59.175 (9); or
(d)A violation of any rule adopted by the director under ORS 59.049 (1),
(2)or
(3)or 59.165 (7). [1973 c.366 §10; 1975 c.491 §5; 1983 c.696 §7; 1985 c.349 §28; 1989 c.197 §18; 1991 c.734 §3; 1997 c.772 §29; 1999 c.53 §6; 1999 c.315 §4; 2017 c.313 §6; 2017 c.514 §8; 2023 c.494 §2]