Or. Admin. Code § 350-011-0008

Current through Register Vol. 63, No. 12, December 1, 2024

Section 350-011-0008 - Enforcement of 350-011-0001 to 350-011-0007; Effect of Violation on Validity of Decision of the Commission, Liability of Members

(1) Any person affected by a decision of the commission may commence a suit in the circuit court or superior court of the county in which the commission ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of 350-011-0001 to 350-011-0007, by members of the commission, or to determine the applicability of 350-011-0001 to 350-011-0007 to matters or decisions of the commission. The court may order such equitable relief as it deems appropriate in the circumstances. A decision made in violation of 350-011-0001 to 350-011-0007 is voidable.

(2) If the court makes a finding that a violation of 350-011-0001 to 350-011-0007 has occurred under subsection (1) of this section and that the violation is the result of wilful misconduct by any member or members of the commission, that member or members shall be jointly and severally liable to the commission for the amount paid by the commission under subsection (1) of this section.

(3) Each member of the commission who attends a meeting of the commission where action is taken in violation of any provision of this division, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars. The civil penalty shall be assessed by a judge of the circuit court or superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

(4) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. If the commission prevails in an action in the courts for a violation of this chapter, it may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.

(5) The provisions of this section shall be the exclusive remedy for an alleged violation of 350-011-0001 to 350-011-0007.

Or. Admin. Code § 350-011-0008

CRGC 1-1987 (Temp), f. & ef. 9-10-87; CRGC 2-1987, f. 12-7-87, ef. 12-8-87; CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98; CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02

Stat. Auth.: ORS 197.150 & RCW 43.97

Stats. Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq.