(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.
(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 defendantís 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, defendantís conduct giving rise to plaintiffís 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]Section: Previous 659A.825 659A.830 659A.835 659A.840 659A.845 659A.850 659A.855 659A.860 659A.865 659A.870 659A.875 659A.880 659A.885 659A.890 659A.990 Next
Last modified: August 7, 2008