Oregon Revised Statutes Chapter 101 § 101.120 — Power
Oregon Revised Statutes Chapter 101 ·
Oregon Code § 101.120·Enacted ·Last updated March 01, 2026
Statute Text
Power
of department to prevent violations; cease and desist order; injunction.
(1) If the Department of Human
Services determines, after notice and hearing, that any person has violated or
is about to violate any provision of this chapter or any rule or order issued
under this chapter, the department may issue an order requiring the person to
cease and desist from the unlawful practice or to take such affirmative action
as in the judgment of the department carries out the purposes of this chapter.
(2) If the
department makes a finding of fact in writing that the public interest will be
irreparably harmed by delay in issuing a cease and desist order, it may issue a
temporary cease and desist order that shall include in its terms a provision
that, upon request, a hearing shall be held within 10 days of such a request to
determine whether or not the permanent cease and desist order shall be entered
on the person. The temporary cease and desist order shall be served on the
person by certified mail.
(3) If it appears
that a person has engaged, or is about to engage, in an act or practice
constituting a violation of any provision of this chapter or of a rule or order
under this chapter, the department, with or without prior administrative
proceedings, may bring an action in the circuit court to enjoin the acts or
practices or to enforce compliance with this chapter or any rule or order under
this chapter. Upon proper showing, injunctive relief or temporary restraining
orders shall be granted. The department shall not be required to post a bond in
any court proceeding. [1989 c.693 §16]
Plain English Explanation
This Oregon statute addresses Power
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 101.120
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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