(1) Any person aggrieved by a violation of ORS § 659A.865 may bring a civil action in the manner provided by ORS § 659A.885 (3) and recover the same relief as provided by ORS § 659A.885 (3) for unlawful practices.

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Terms Used In Oregon Statutes 659A.890

  • Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
  • Commissioner: means the Commissioner of the Bureau of Labor and Industries. See Oregon Statutes 659A.001
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Respondent: means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS § 659A. See Oregon Statutes 659A.001

(2) As a defense to any cause of action arising under this section, the defendant may plead and prove that either:

(a) Subsequent to the defendant’s conduct on which the plaintiff bases the cause of action, the complaint under ORS § 659A.820 has been dismissed by the Commissioner of the Bureau of Labor and Industries or deputy, or the court, either for want of evidence to proceed to a hearing or for lack of merit after such hearing; or

(b) In the case of the sale of real property, defendant’s conduct giving rise to plaintiff’s cause of action was neither committed within the first two years after notice by the commissioner or deputy of the filing of the complaint under ORS § 659A.820, nor within any extended period of time obtained at the request of respondent for disposition of the case. [Formerly 659.105]

 

PENALTIES

 

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