Or. Admin. R. 410-141-5380 - CIVIL PENALTIES

Current through Register Vol. 60, No. 12, December 1, 2021

(1) A person that violates any provision of Sections 5000 through 5380 or any final order of the Authority entered under any of Sections 5000 through 5380, shall forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the Authority that shall not exceed $10,000 for each offense.
(2) In addition to the civil penalty specified in subsections (1), (3) and (4) of this section, a person that violates any provision of OAR 410-141-5000 to 410-141-5380 or any final order of the Authority entered under any of OAR 410-141-5000 to 410-141-5380, may be required by the Authority to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the Authority that shall not exceed the amount by which the person profited by or through or as a result of such violation, as determined by the Authority.
(3) In addition to the penalties specified in subsection (1), (2) and (4) of this section, a director or officer of a CCO or any affiliate within a CCO's holding company system who engages in a transaction or makes an investment that has not been properly reported under, or that otherwise does not comply with, OAR 410-141-5360 to OAR 410-141-5510, who knowingly participates in or assents to the transaction or investment, or who permits another officer or an agent of the holding company system to engage in the transaction or make the investment, shall pay, in the director or officer's individual capacity, a civil penalty in an amount determined by the Authority that shall not exceed $10,000.
(4) In addition to the penalties specified in subsections (1), (2) and (3) of this section, a CCO or other person that fails to make a required filing or demonstrate a good faith effort to comply with a filing requirement under OAR 410-141-5350 to OAR 410-141-5285 shall pay a civil penalty in an amount determined by the Authority that does not exceed $50,000.
(5) Civil penalties under this section shall be imposed and enforced in accordance with ORS 183.745.
(6) A civil penalty imposed under this section may be recovered either as provided in subsection (5) of this section or in an action brought in the name of the State of Oregon in any court of appropriate jurisdiction.
(7) The provisions of this section are in addition to and not in lieu of, any other enforcement provisions specified in Division OAR 410 of Chapter 141 or in the CCO's contract with the Authority.

Notes

Or. Admin. R. 410-141-5380
DMAP 60-2019, adopt filed 12/18/2019, effective 1/1/2020

Statutory/Other Authority: ORS 413.042, 414.615, 414.625, 414.635 & 414.651

Statutes/Other Implemented: ORS 414.610 - 414.685

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.