(1) Any person who willfully violates the terms of an injunction issued under ORS § 618.506 shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties.

Terms Used In Oregon Statutes 618.995

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Security seal: means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use. See Oregon Statutes 618.010

(2) Any person who by an assurance of voluntary compliance submitted under ORS § 618.506 agrees not to commit a security seal violation and thereafter willfully violates such assurance shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. The prosecuting attorney may apply to an appropriate court for recovery of such civil penalty.

(3) In any suit brought under ORS § 618.506, if the court finds that a person is willfully committing or has willfully committed a security seal violation, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty not exceeding $500 per violation. [Formerly 618.536]

 

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