(1) If any person responsible for the transmittal of assessment moneys to a commodity commission fails to relinquish assessment moneys collected, the person shall pay a penalty equal to twice the amount of the unrelinquished assessment moneys.
(2) A commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessment or civil penalty, obtain injunctive relief or obtain specific performance under ORS 576.051 to 576.455.
(3) If the person responsible for the transmittal of assessment moneys is a corporation, all directors and officers of the corporation are personally liable for a failure to relinquish the assessment moneys collected by the corporation.
(4) If a commission obtains a favorable judgment in an action or suit under subsection (2) of this section, the court shall award the commission costs and reasonable attorney fees.
(5) Unless the person required to pay an assessment and the person responsible for collecting the assessment are related businesses, the department may not collect from the person required to pay the assessment any amount deducted by the person responsible for collecting the assessment and due and owing to the department. [1953 c.489 §27; 1959 c.596 §16; 2003 c.604 §43]Section: Previous 576.325 576.327 576.335 576.345 576.350 576.351 576.355 576.365 576.370 576.372 576.375 576.380 576.385 576.390 576.391 Next
Last modified: August 7, 2008