75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 865
House Bill 2267
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows substituted service of investigative demands in
connection with certain actions to be accomplished in manner
provided for service of summons in action or suit.
A BILL FOR AN ACT
Relating to service of investigative demands; creating new
provisions; and amending ORS 124.125 and 646.622.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 124.125 is amended to read:
124.125. (1) The Attorney General, the Department of Human
Services or { - any - } { + a + } district attorney may bring
an action against
{ - any - } { + a + } person { - who - } { + that + }
engages in conduct described in ORS 124.105 and 124.110. In
addition to remedies otherwise provided in ORS 124.100 to
124.140, upon prevailing in the action, the court shall award to
the Attorney General, Department of Human Services or district
attorney costs of investigation and penalties. Penalties awarded
under this section may not exceed $25,000 per occurrence.
(2) The Attorney General may intervene in { - any - } { +
a + } civil action brought under ORS 124.100 if the Attorney
General certifies that, in the opinion of the Attorney General,
the action is of general public importance. In the action, the
state { - shall be - } { + is + } entitled to the same relief
as if the Attorney General instituted the action under the
provisions of this section.
(3) When it appears that a person is engaging in conduct
described in ORS 124.105 or 124.110, the Attorney General or
{ - any - } { + a + } district attorney may execute in writing
and cause to be served an investigative demand upon { - any - }
{ + a + } person who is believed to have information,
documentary material or physical evidence relevant to the alleged
or suspected violation. The investigative demand shall require
the person, under oath or otherwise, to appear and testify, to
answer written interrogatories or to produce relevant documentary
material or physical evidence for examination, at a reasonable
time and place as stated in the investigative demand.
(4) At any time before the return date specified in an
investigative demand, or within 20 days after the demand has been
served, whichever period is shorter, a petition to extend the
return date, or to modify or set aside the demand, stating good
cause, including a request for privileged material, may be filed
in the appropriate court.
(5) Service of an investigative demand under subsection (3) of
this section shall be made personally within this state. If
personal service within this state cannot be made, substituted
service may be made by any of the following methods:
(a) Personal service { + of the investigative demand + }
outside { - of - } this state;
(b) Mailing the investigative demand by registered or certified
mail to the last-known place of business, residence or abode
within or outside { - of - } this state of the person for whom
{ - service - } { + the investigative demand + } is intended;
(c) { - As to any person other than a natural person, - } In
the manner provided for service of summons in an action or suit;
or
(d) { - Such service as the court may direct. - } { +
Service in accordance with the direction of a court. + }
(6) If { - any - } { + a + } person after being served with
an investigative demand under subsection (3) of this section
fails or refuses to obey an investigative demand issued by the
Attorney General or a district attorney, the Attorney General or
district attorney may, after notice to an appropriate court and
after a hearing, request an order:
(a) Granting injunctive relief to restrain the person from
engaging in conduct that is involved in the alleged or suspected
violation; or
(b) Granting other relief as may be required, until the person
obeys the investigative demand.
(7) { - Any - } Disobedience of { - any - } { + a + }
final order of a court under subsection (6) of this section shall
be punished as a contempt of court.
(8) ORS 192.550 to 192.595 apply to the disclosure of financial
records by a financial institution pursuant to the service of an
investigative demand under subsection (3) of this section.
SECTION 2. ORS 646.622 is amended to read:
646.622. Service of { - any - } { + an + } investigative
demand under ORS 646.618 shall be made personally within this
state. If personal service within this state cannot be made,
substituted service
{ - therefor - } may be made by any of the following methods:
(1) Personal service { - thereof without - } { + of the
investigative demand outside + } this state;
(2) { - The mailing thereof - } { + Mailing the
investigative demand + } by registered or certified mail to the
last-known place of business, residence or abode within or
{ - without - } { + outside + } this state of
{ - such - } { + the + } person for whom the { - same - }
{ + investigative demand + } is intended;
(3) { - As to any person other than a natural person, - } In
the manner provided for service of summons in an action or suit;
or
(4) { - Such service as the court may direct in lieu of
personal service within this state. - } { + Service in
accordance with the direction of a court. + }
SECTION 3. { + The amendments to ORS 124.125 and 646.622 by
sections 1 and 2 of this 2009 Act apply to service of
investigative demands issued under ORS 124.125 or 646.618 on or
after the effective date of this 2009 Act. + }
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