(1) When it appears to the Commissioner of the Bureau of Labor and Industries that any person is engaged or about to engage in an act or practice that constitutes a violation of ORS § 658.005 to 658.245 or the rules adopted pursuant thereto, the commissioner may, without bond, obtain an order from an appropriate circuit court enjoining any such act or practice. The court may award reasonable attorney fees to the commissioner if the commissioner prevails in an action under this subsection. The court may award reasonable attorney fees to a defendant who prevails in an action under this subsection if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

Terms Used In Oregon Statutes 658.220

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) In the manner described in ORS § 651.060, the commissioner may conduct investigations, issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take testimony in all matters relating to the duties required under ORS § 658.005 to 658.245. [1973 c.678 § 26; 1981 c.318 § 27; 1981 c.897 § 92; 1995 c.696 § 44; 2007 c.277 § 3]

 

[1953 c.694 § 22; 1961 c.380 § 23; repealed by 1973 c.678 § 20]

 

[1973 c.678 § 22; 1981 c.318 § 28; repealed by 1993 c.742 § 2]

 

[1953 c.694 § 23; 1961 c.380 § 24; repealed by 1973 c.678 § 20]