Oregon Statutes - Chapter 186 - State Emblems; State Boundary - Section 186.025 - Injunction and civil penalties for improper use of seal; notice; hearing; judicial review.

(1) In addition to any other liability or penalty provided by law, the Secretary of State may do one or both of the following:

(a) Petition the circuit court to enjoin violation of ORS 186.023; or

(b) Pursuant to a hearing, issue an order imposing a civil penalty upon a person for any violation of ORS 186.023.

(2) A civil penalty may only be imposed under this section pursuant to ORS 183.745.

(3) The Secretary of State may assess a civil penalty under this section not exceeding $500. The Secretary of State may remit or reduce any penalty imposed under this section upon such terms and conditions as the Secretary of State considers proper and consistent with the protection of the integrity of the seal of the State of Oregon. In imposing any penalty under this section, the Secretary of State shall consider the following factors:

(a) Prior violations, if any, of the person under ORS 186.023;

(b) The economic and financial conditions of the person; and

(c) Whether and to what extent the seal or reproduction thereof was used or possessed for deceptive or fraudulent purposes.

(4) In any judicial review of civil penalties imposed under this section, the court, in its discretion, may reduce the penalty.

(5) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [1983 c.325 §2; 1989 c.706 §9; 1991 c.734 §10]

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Last modified: August 7, 2008