(1) The State Department of Agriculture shall enforce the provisions of ORS 585.010 to 585.220, and to that end the department has the authority granted in this section.
(2) The department may investigate and attempt equitably to adjust controversies between any grower or growers, and any wholesale produce dealer, retail produce peddler, or any person acting or assuming to act in the capacity of any of such persons.
(3) The department may take assignments of claims, arising out of any controversies between the parties named in subsection (2) of this section, in trust for the assigning grower or growers. All such assignments shall run to the Director of Agriculture and successors in office. The Director of Agriculture may, as assignee of any such claim, sue any of the persons mentioned in subsection (2) of this section or any combination of such persons. The director shall not bring a suit or action on any claim until the parties to be sued have been notified of the assignment of claims and have been given a reasonable opportunity to make an equitable adjustment thereof with the department. Any claim so assigned to the director authorizes the director to make any adjustment thereof which, in the opinion of the director, is equitable. The moneys received by the department on any claims so assigned to it shall be paid into the Department of Agriculture Account; and such moneys shall be paid to the assignor after first deducting any costs and expenses incurred by the department in the collection of any such claim, and also after deducting five percent of any sum collected. The five percent deducted shall be used, together with other moneys collected under the provisions of ORS 585.010 to 585.220, to pay the expenses in the administration of ORS 585.010 to 585.220.
(4) The Director of Agriculture may make complaint in a criminal action for any violation of any provision of ORS 585.010 to 585.220 which constitutes a crime. The director shall prosecute all legal proceedings in official capacity, but in the name of the State of Oregon. The director may act through any authorized officer, employee or deputy of the department in any proceeding authorized by this section.
(5) The court may award reasonable attorney fees to the director if the director prevails in an action under subsection (3) of this section. The court may award reasonable attorney fees to a defendant who prevails in an action under subsection (3) of this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [Amended by 1981 c.897 §69; 1995 c.696 §31]
Section: Previous 585.090 585.100 585.105 585.110 585.120 585.130 585.140 585.150 585.160 585.170 585.175 585.180 585.190 585.200 585.210 NextLast modified: August 7, 2008