justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 645 — Commodity Transactions

ORS 645.015. Persons exempt from prohibition; effect of federal law. (1) The prohibitions in ORS 645.010 shall not apply to any transaction by: (a) A person registered with the federal Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration; (b) A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in paragraph (a) of this subsection; (c) A person who is a member of a contract market designated by the federal Commodity Futures Trading Commission or any clearinghouse thereof; (d) A financial institution; (e) A person registered under the Oregon Securities Law, as cited in ORS 59.005, as a broker-dealer; or (f) A contract market designated by the federal Commodity Futures Trading Commission or any clearinghouse thereof or a securities exchange registered with the federal Securities and Exchange Commission. (2) The exemption provided by this section shall not apply to any transaction or activity which is prohibited by the federal Commodity Exchange Act or rules adopted by the federal Commodity Futures Trading Commission.
ORS Chapter 645 — Commodity Transactions

ORS 645.020. Transactions exempt from prohibition. The prohibitions in ORS 645.010 shall not apply to the following: (1) An account, agreement or transaction within the exclusive jurisdiction of the federal Commodity Futures Trading Commission; (2) A commodity contract for silver, gold, platinum, palladium, copper or other precious metal as defined by rule of the director whether in coin, bullion or other form if within seven days from the payment of any portion of the purchase price: (a) The precious metals purchased are delivered to and held on the purchasers behalf at a depository not affiliated with the seller which is: (A) A financial institution; (B) A depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the federal Commodity Futures Trading Commission; (C) A storage facility licensed or regulated by the United States or any agency thereof; or (D) A depository designated by rule of the director; and (b) Unless otherwise provided by rule of the director, the depository issues and the purchaser receives an instrument evidencing that such quantity of precious metals has been delivered to the depository on the purchasers behalf; and (3) A commodity contract under which the offeree or the purchaser is a person referred to in ORS 645.015, an insurance company or an investment company as defined in the federal Investment Company Act of 1940, as amended.
ORS Chapter 645 — Commodity Transactions

ORS 645.025. Applicability of ORS 645.010, 645.035 and 645.040. (1) ORS 645.010,
ORS Chapter 645 — Commodity Transactions

ORS 645.030. When transactions are considered to occur in this state. (1) For the purpose of ORS 645.025, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer: (a) Originates from this state; or (b) Is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer. (2)(a) For the purpose of ORS 645.025, an offer to buy or sell is accepted in this state when acceptance: (A) Is communicated to the offeror in this state; and (B) Has not previously been communicated to the offeror, orally or in writing, outside this state. (b) Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.
ORS Chapter 645 — Commodity Transactions

ORS 645.035. Commodity merchant required to comply with federal law. (1) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: (a) Is registered or temporarily licensed with the federal Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant; or (b) Is exempt from such registration by virtue of the federal Commodity Exchange Act or rules adopted by the federal Commodity Futures Trading Commission. (2) No board of trade shall trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the federal Commodity Futures Trading Commission unless such board of trade is so designated for such commodity contract or commodity option.
ORS Chapter 645 — Commodity Transactions

ORS 645.040. False, fraudulent or deceptive trading practices prohibited; business liable for acts or omissions of agents or employees; effect of federal law. (1) It is unlawful for any person, directly or indirectly, in connection with a commodity contract or commodity option: (a) To employ any device, scheme or artifice to defraud; (b) To make any false report, enter any false record or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; (c) To engage in any transaction, act, practice or course of business which operates or would operate as a fraud or deceit upon any person; or (d) To misappropriate or convert the funds, security or property of any other person. (2) The act, omission or failure of any person acting for any individual, association, partnership, corporation or trust within the scope of the persons employment or office shall be deemed the act, omission or failure of the individual, association, partnership, corporation or trust, as well as of the person. (3) This section shall not apply to transactions subject to the exclusive jurisdiction of the Commodity Futures Trading Commission. [1987 c.148 8] ADMINISTRATION
ORS Chapter 645 — Commodity Transactions

ORS 645.200. General authority to administer chapter. The director: (1) May make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated or is about to violate any provision of this chapter or any rule or order of the director, or to aid in the enforcement of this chapter or in the adoption of rules thereunder; (2) May require or permit a person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated; (3) May publish information concerning any violation of this chapter or any rule or order of the director; and (4) If the director has reason to believe that any person has been engaged or is engaging in any violation of this chapter, may issue an order, subject to ORS
ORS Chapter 645 — Commodity Transactions

ORS 645.205. Rules. (1) In accordance with ORS chapter 183, the director may adopt such rules as are necessary to carry out the provisions of this chapter. (2) The director may: (a) Adopt rules or issue orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the federal Commodity Futures Trading Commission; and (b) Exempt any person or transaction from any provision of this chapter conditionally or unconditionally. (3) No rule may be adopted unless the director finds that the action is necessary or appropriate for the public interest or for the protection of investors or speculators and consistent with the purposes fairly intended by the provisions of this chapter.
ORS Chapter 645 — Commodity Transactions

ORS 645.210. Investigatory power; compliance with subpoenas. (1) For the purpose of an investigation or proceeding under this chapter, the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director deems relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (2). (2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
ORS Chapter 645 — Commodity Transactions

ORS 645.215. Notice of orders; hearing. (1) Except as provided in ORS 183.745, upon the entry of an order under this chapter, the director shall promptly give to all interested persons notice of the order and notice that a hearing will be held on the order if a written demand for a hearing is filed with the director within 20 days after the date of service of the order. (2) If timely demand for a hearing is filed, the director shall hold a hearing on the order as provided by ORS chapter 183. In the absence of a timely demand for a hearing, no person shall be entitled to judicial review of the order. (3) After the hearing, the director shall enter a final order vacating, modifying or affirming the order.
ORS Chapter 645 — Commodity Transactions

ORS 645.220. Appeal of order; modification of order. (1) A person aggrieved by an order of the director which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183. (2) No judgment of a reviewing court under ORS chapter 183 shall bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause which was not decided by the reviewing court.
ORS Chapter 645 — Commodity Transactions

ORS 645.225. Action to compel compliance with rule or order; attorney fees; claim; disposition of recovery. (1) Whenever it appears to the director that a person has engaged in an act or practice constituting a violation of any provision of this chapter or any rule or order of the director, the director may bring an action in the name and on behalf of the State of Oregon in any circuit court of this state to enjoin the acts or practices and to enforce compliance with this chapter or such rule or order. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. If the court finds that the defendant has violated any provision of this chapter or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendants assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under 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. (2) The director may include in any action authorized by subsection (1) of this section: (a) A claim for restitution on behalf of persons injured by the act or practice constituting the subject matter of the action; and (b) A claim for disgorgement of illegal gains or profits derived. (3) Any recovery under subsection (2) of this section shall be turned over to the General Fund of the State Treasury unless the court requires other disposition.
ORS Chapter 645 — Commodity Transactions

ORS 645.230. Allegations of complaint; burden of proof. It is not necessary to negate any of the exemptions or classifications provided in this chapter in a complaint, action, information, indictment or other writ or proceeding laid or brought under this chapter; and the burden of proof of an exemption or classification shall be upon the party claiming the benefit of such exemption or classification. [1987 c.148 16] MISCELLANEOUS
ORS Chapter 645 — Commodity Transactions

ORS 645.300. Good faith actions not subject to liability. No provision of this chapter imposing civil or criminal liability shall apply to an act done or omitted in good faith in conformity with a rule or order of the director, notwithstanding that the rule or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
ORS Chapter 645 — Commodity Transactions

ORS 645.305. Jurisdiction of courts. The courts of this state shall have jurisdiction over any person, including a nonresident of this state, who engages in any act or practice constituting a violation of any provision of this chapter or any rule or order of the director.
ORS Chapter 645 — Commodity Transactions

ORS 645.310. Construction of chapter; purpose. This chapter may be construed and implemented to effectuate its general purpose to protect investors and speculators, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states law and the administration and enforcement thereof.
ORS Chapter 645 — Commodity Transactions

ORS 645.315. Short title. This chapter shall be known as the Oregon Commodity Code.
ORS Chapter 645 — Commodity Transactions

ORS 645.320. Effect of chapter on Oregon Securities Law. Nothing in this chapter shall impair, derogate or otherwise affect the authority or powers of the director under the Oregon Securities Law or the application of any provision thereof to any person or transaction. [1987 c.148 9] PENALTIES
ORS Chapter 645 — Commodity Transactions

ORS 645.950. Civil penalty. (1) In addition to all other penalties and enforcement provisions provided by law, the director or a court may assess a penalty of not more than $5,000 for every violation, which shall be paid to the General Fund of the State Treasury, against any person who violates, or who participates or materially aids another person in a violation, or who procures, aids or abets the violation of this chapter or any rule or order of the director. (2) Every violation is a separate offense and, in the case of a continuing violation, each days continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $20,000. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
ORS Chapter 645 — Commodity Transactions

ORS 645.990. Criminal penalty. Violation of any provision of this chapter or any rule adopted by the director under this chapter is a Class B felony. [1987 c.148 21] _______________
ORS Chapter 657a — (Former Provisions)

ORS 657a.110. [Formerly 418.344; renumbered 329A.110 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.130. [Formerly 418.348; renumbered 329A.130 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.140. [Formerly 418.350; renumbered 329A.140 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.150. [Formerly 418.352; renumbered 329A.150 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.160. [Formerly 418.354; renumbered 329A.160 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.170. [Formerly 418.356; renumbered 329A.170 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.500. [Formerly 418.900; repealed by 2001 c.295 17]
ORS Chapter 657a — (Former Provisions)

ORS 657a.530. [Formerly 418.915; repealed by 2001 c.295 17]
ORS Chapter 657a — (Former Provisions)

ORS 657a.990. [Formerly part of 418.990; renumbered 329A.990 in 2013]
ORS Chapter 657a — (Former Provisions)

ORS 657a.992. [2009 c.347 1; 2012 c.37 121; 2013 c.624 73; renumbered 329A.992 in 2013] _______________
ORS Chapter 657b — Family and Medical Leave

ORS 657b.005. Legislative findings. The Legislative Assembly finds that: (1) Employees experience a variety of caregiving obligations that interfere with work time. (2) It is in the public interest to create a family and medical leave insurance program to provide to employees and certain other individuals compensated time off from work to care for and bond with a child during the first year after the childs birth or arrival through adoption or foster care, to provide care for a family member who has a serious health condition or to recover from an employees or an individuals own serious health condition.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.010. Definitions. As used in this chapter: (1) Alternate base year means the last four completed calendar quarters preceding the benefit year. (2) Average weekly wage means the amount calculated by the Employment Department as the state average weekly covered wage under ORS 657.150 (4)(e) as determined not more than once per year. (3) Base year means the first four of the last five completed calendar quarters preceding the benefit year. (4) Benefits means family and medical leave insurance benefits. (5)(a) Benefit year means, except as provided in paragraph (b) of this subsection, a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave, medical leave or safe leave commences. (b) Benefit year means, in the event that the 52-week period described in paragraph (a) of this subsection would result in an overlap of any quarter of the base year of a previously filed valid claim, a period of 53 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave, medical leave or safe leave commences. (6) Child means: (a) A biological child, adopted child, stepchild or foster child of a covered individual or of the covered individuals spouse or domestic partner; (b) A person who is or was a legal ward of a covered individual or of the covered individuals spouse or domestic partner; or (c) A person who is or was in a relationship of in loco parentis with a covered individual or with the covered individuals spouse or domestic partner. (7) Claimant means an individual who has submitted an application or established a claim for benefits. (8) Contribution or contributions means the money payments made by any of the following under ORS 657B.150: (a) An employer; (b) An employee; (c) A self-employed individual; (d) A tribal government; or (e) An employee of a tribal government. (9) Covered individual means any one of the following who qualifies under ORS
ORS Chapter 657b — Family and Medical Leave

ORS 657b.020. Qualifying purposes for benefits; duration of benefits. (1) A covered individual may qualify for up to 12 weeks of family and medical leave insurance benefits per benefit year for leave taken for any of the following purposes, in any combination: (a) Family leave; (b) Medical leave; or (c) Safe leave. (2) Notwithstanding ORS 657B.025 and except as provided under subsection (3) of this section, a covered individual who has taken any amount of paid leave available under subsection (1) of this section may take a total of 16 weeks of leave in the benefit year in any combination of the paid leave available under subsection (1) of this section, not to exceed 12 weeks, and unpaid leave under ORS 659A.159 for which the covered individual is eligible under ORS 659A.156. The leave may be taken for any purpose for which leave is allowable under the respective leave programs. (3) In addition to the leave available under subsections (1) and (2) of this section, a covered individual may qualify for up to two additional weeks of benefits for limitations related to pregnancy, childbirth or a related medical condition, including but not limited to lactation, for a total amount of leave under this subsection and subsections (1) and (2) of this section, not to exceed 18 weeks per benefit year.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.023. Determining family member by reason of affinity. In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 657B.010, consideration shall be given to whether there exists a significant personal bond attributed to factors, established by the Director of the Employment Department by rule, that, when examined in total, resemble a family relationship.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.025. Coordination of leave. Any family leave or medical leave taken under this chapter must be taken concurrently with any leave taken by an eligible employee under ORS 659A.150 to 659A.186 or under the federal Family and Medical Leave Act of 1993 (P.L. 103-3) for the same purposes.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.030. Use of other paid leave benefits in addition to paid family and medical leave insurance benefits. (1) Family and medical leave insurance benefits are in addition to any paid sick time under ORS 653.606, vacation leave or other paid leave earned by an employee. (2) An employer may permit an employee to use all or a portion of paid sick time, vacation leave or any other paid leave earned by the employee in addition to receiving paid family and medical leave insurance benefits during a period of leave taken for family leave, medical leave or safe leave. (3) In any week in which an employee is eligible to receive workers compensation or unemployment benefits under ORS chapter 656 or 657, the employee is disqualified from receiving family and medical leave insurance benefits. [2019 c.700 6; 2023 c.292 14] Note: See note under
ORS Chapter 657b — Family and Medical Leave

ORS 657b.040. Notice to employers prior to commencing leave; exceptions. (1) Except as provided in subsection (2) of this section, an employer may require an eligible employee to give the employer written notice at least 30 days before commencing a period of family leave, medical leave or safe leave. The employer may require the employee to include in the notice an explanation of the need for the leave. (2) An eligible employee may commence leave without 30 days advance notice if the leave is not foreseeable, as in circumstances including but not limited to: (a) An unexpected serious health condition of the employee or a family member of the employee; (b) A premature birth, unexpected adoption or unexpected foster placement by or with the employee; or (c) Safe leave. (3)(a) Except as provided in subsection (5) of this section, if an eligible employee commences leave without prior notice under subsection (2) of this section, the employee must give oral notice to the employer within 24 hours of the commencement of the leave and must provide the written notice required under subsection (1) of this section within three days after the commencement of leave. (b) The oral notice required by this subsection may be given by any other person on behalf of the eligible employee taking leave. (c) The person named as the eligible employees emergency contact person, or any other person otherwise designated by the eligible employee, as reflected in the employers records, may provide the written notice required under subsection (1) of this section. (4)(a) If an eligible employee fails to give notice as required under subsections (2) and (3) of this section, the Director of the Employment Department may reduce the first weekly benefit amount payable to the employee under ORS 657B.090 by up to 25 percent. (b) An employer shall notify the director of the employees failure to provide the required notice, in the manner prescribed by the director by rule. (5) An eligible employee who takes safe leave shall give the employer reasonable advance notice of the individuals intention to take safe leave, unless giving the advance notice is not feasible.