645.225 Action to compel compliance with rule or order; attorney fees; claim; disposition of recovery
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645.225 Action to compel compliance with rule or order; attorney fees; claim; disposition of recovery.
(1)Whenever it appears to the director that a person has engaged in an act or practice constituting a violation of any provision of this chapter or any rule or order of the director, the director may bring an action in the name and on behalf of the State of Oregon in any circuit court of this state to enjoin the acts or practices and to enforce compliance with this chapter or such rule or order. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. If the court finds that the defendant has violated any provision of this chapter or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendant’s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(2)The director may include in any action authorized by subsection
(1)of this section:
(a)A claim for restitution on behalf of persons injured by the act or practice constituting the subject matter of the action; and
(b)A claim for disgorgement of illegal gains or profits derived.
(3)Any recovery under subsection
(2)of this section shall be turned over to the General Fund of the State Treasury unless the court requires other disposition. [1987 c.148 §15; 1995 c.696 §32]