Oregon Statutes 571.465 – Penalty for failure to pay assessment; civil action
(1) If a person responsible for the transmittal of assessment moneys to the Oregon Hemp Commission fails to relinquish assessment moneys collected, the person shall pay an amount equal to twice the amount of the unrelinquished assessment moneys.
Terms Used In Oregon Statutes 571.465
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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 ORS § 571.400 to 571.501.
(3) If the person responsible for the transmittal of assessment moneys is a cooperative, corporation or joint venture, all directors and officers of the cooperative, corporation or joint venture are personally liable for a failure to relinquish the assessment moneys collected by the cooperative, corporation or joint venture.
(4) If the commission obtains a favorable judgment in an action or suit under subsection (2) of this section, the court shall award to the commission costs and reasonable attorney fees. [2021 c.216 § 24]
See note under 571.400.