reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.060 - Investigative powers of director; protection against unreasonable investigation; contempt.

(1) For the purpose of any investigation or proceeding under ORS 650.005 to 650.100, the Director of the Department of Consumer and Business Services or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director considers relevant or material to the investigation or proceeding.
(2) Any person who is served with a subpoena or is subject to an order to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or other documents or records as provided in ORS 650.005 to 650.100 may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C.
(3) Except to the extent judicial relief may have been granted under subsection (2) of this section, if any person disobeys a subpoena issued under subsection (1) of this section, or if any witness refuses to testify or produce evidence before the director on any matter on which the witness may be lawfully interrogated, the circuit court of any county, upon 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. [1973 c.509 §7; 1977 c.358 §10; 1979 c.284 §186]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.065 - Injunctive relief; attorney fees; appointment of receiver or conservator; conditions of awarding damages and injunctive relief.

(1) Whenever the Director of the Department of Consumer and Business Services determines that any person has engaged in, or is about to engage in, any act or practice which the director believes would give rise to liability under ORS 650.020, the director may bring suit in the name of the State of Oregon in any circuit court of this state to enjoin the acts or practices. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator for the defendant or the defendant’s assets. The court shall 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 suit authorized by subsection (1) of this section a claim for any amount the franchisee could recover under ORS 650.020 or a claim for damages on behalf of other persons injured by any act or practice against which an injunction or restraining order is sought. The court may award appropriate relief to the franchisee or such other persons if the court finds that enforcement of the right of the franchisee or other persons by private civil action or suit, whether by class action or otherwise, would be so burdensome or expensive as to be impractical. [1973 c.509 §8; 1981 c.897 §85; 1995 c.696 §41]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.070 - Director as agent for service of process.

Except as provided in ORS 650.080, the Director of the Department of Consumer and Business Services is an agent for the service of any process, notice or demand required to be served in a proceeding under ORS 650.005 to 650.100 for:
(1) Every person who sells or offers to sell a franchise in this state; and
(2) Every person, whether a resident or nonresident of this state, who has engaged in conduct that is subject to a proceeding under ORS 650.020. [1973 c.509 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.075 - Manner of executing service of process; effect of initial service.

(1) The service referred to in ORS 650.070 shall be made by:
(a) Serving the Director of the Department of Consumer and Business Services or a clerk on duty at the Department of Consumer and Business Services a copy of the process, notice or demand, with any papers required by law to be delivered in connection with the service, or by mailing to the department a copy of the process, notice or demand by certified or registered mail, and a fee of $2 for each party being served;
(b) Transmittal of notice of the service on the director, together with one copy of each of the papers required by law to be delivered in connection with the service, by certified mail to the person being served:
(A) At such person’s address, if any, as it appears in the records of the director; and
(B) At any address the use of which the person initiating the proceedings knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice to the person to be served; and
(c) Filing with the appropriate court or other body, as part of the return of service, the return mailing receipt and an affidavit of the person initiating the proceedings that there has been compliance with this section and ORS 650.070.
(2) After completion of initial service upon the director, no additional documents need be served upon the director to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process. [1973 c.509 §10; 1987 c.603 §27]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.085 - Other civil or criminal remedies unaffected.

Nothing in ORS 650.005 to 650.100 limits any statutory or common-law rights of a person to bring an action in any court for an act involved in the sale of franchises, or the right of the state to punish a person for a violation of any law. [1973 c.509 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.095 - Civil penalties.

(1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a civil penalty on a person for violation of a rule adopted under ORS 650.050 or an order issued under ORS 650.055.
(2)(a) The director shall impose a civil penalty under this section in the manner provided in ORS 183.745.
(b)(A) The civil penalty may not exceed $10,000 for each violation.
(B) In the case of a continuing violation:
(i) Each day that the violation continues is a separate violation.
(ii) The civil penalty may not exceed $50,000. [2005 c.339 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.132 - Prohibition of coerced sales of extended service contracts, extended maintenance plans or guaranteed asset protection waivers.

(1)(a) A manufacturer, distributor or importer may not, through any of the methods described in paragraph (b) of this subsection, directly or indirectly coerce or attempt to coerce a dealer to advertise, promote, offer or sell an extended service contract, an extended maintenance plan, a guaranteed asset protection waiver or other arrangement that pays a purchaser the remaining balance on a note secured by a motor vehicle if the motor vehicle is lost, stolen or damaged beyond repair, or a similar product or service, if the manufacturer, distributor or importer provides, originates, sponsors or endorses the product or service.
(b) Prohibited methods for coercing or attempting to coerce a dealer include, but are not limited to:
(A) Stating to a dealer that the dealer’s failure to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection will substantially and adversely affect the dealer’s business or the dealer’s relationship with the manufacturer, distributor or importer;
(B) Requiring the dealer in a franchise agreement to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection;
(C) Measuring the dealer’s performance in a franchise on the basis of whether, or the extent to which, the dealer advertises, promotes, offers or sells the products or services described in paragraph (a) of this subsection; or
(D) Requiring the dealer to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection to the exclusion of other, similar products or services that a person other than the manufacturer, distributor or importer offers.
(2) The prohibition in subsection (1) of this section does not affect a manufacturer’s, distributor’s or importer’s right or ability to:
(a) Provide incentives to a dealer that voluntarily decides to advertise, promote, offer or sell the products or services described in subsection (1)(a) of this section; or
(b) Require a dealer that sells a product or service that is similar to the products or services described in subsection (1)(a) of this section, but that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse, to notify a customer in writing, and to obtain the customer’s acknowledgment, that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse the product or service. [2015 c.584 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.153 - Liability of franchisor for repair of motor vehicle that becomes inoperative prior to sale to consumer.

(1) If a new motor vehicle becomes inoperative prior to being sold to a consumer, the franchisor is liable for the repair of the motor vehicle if the motor vehicle is inoperative due to a mechanical failure that is not the result of negligence on the part of the franchisee.
(2) Whenever a new motor vehicle becomes inoperative, the franchisee shall notify the franchisor and request authorization from the franchisor to repair the vehicle.
(3) If the franchisor refuses or fails to authorize repair of the inoperative motor vehicle within 30 business days after receiving notice under subsection (2) of this section, ownership of the new motor vehicle shall revert back to the franchisor, and the franchisee shall have no obligation, financial or otherwise, with respect to the motor vehicle.
(4) If the franchisor is unable to deliver to the franchisee the parts needed to repair an inoperative new motor vehicle within 30 business days after receiving notice under subsection (2) of this section, ownership of the new motor vehicle shall revert to the franchisor, and the franchisee shall have no obligation, financial or otherwise, with respect to the motor vehicle. [1999 c.660 §8; 2005 c.22 §453]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.155 - Liability of manufacturer for damages to vehicles before delivery to carrier.

(1) Notwithstanding the terms of any franchise, the manufacturer is liable for any and all damage to new motor vehicles before delivery to a carrier or transporter.
(2) Whenever a new motor vehicle is damaged in transit, the dealer shall:
(a) Notify the manufacturer of the damage within three business days from the date of delivery to the dealer or within any additional time as specified in the franchise; and
(b) Request from the manufacturer authorization to replace the components, parts and accessories damaged or to otherwise repair the damage.
(3) If the manufacturer refuses or fails to authorize repair of any damage within 10 days after receipt of notification under subsection (2) of this section, or within any additional time as specified in the franchise, ownership of the new motor vehicle shall revert to the manufacturer, and the new motor vehicle dealer shall have no obligation, financial or otherwise, with respect to the motor vehicle.
(4) A manufacturer shall disclose in writing to a dealer, at the time of delivery of a new motor vehicle, the nature and extent of any and all damage and post-manufacturing repairs.
(5) If the total value of repairs to a new motor vehicle by the manufacturer’s authorized agent and a dealer equals or exceeds the amount specified under subsection (6) of this section, the manufacturer may either repurchase the motor vehicle from the dealer, or provide reasonable and adequate compensation to the dealer to assist in sale or disposition of the new motor vehicle, as long as the dealer has complied with all other contractual agreements with regard to damaged vehicles. If the manufacturer repurchases the motor vehicle, the dealer shall have no obligation, financial or otherwise, with respect to the motor vehicle.
(6) A dealer shall disclose, in writing, to a purchaser of the new motor vehicle prior to entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds $1,000, as calculated at the rate of the dealer’s authorized warranty rate for labor and parts. Replacement of glass, tires, bumpers or any comparable nonwelded component is not considered damage and repair for purposes of this section. For purposes of this subsection, "comparable nonwelded component" does not include a fender, hood, trunk lid or door. [1989 c.716 §3; 1999 c.660 §4; 2003 c.411 §3; 2009 c.627 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.165 - Prohibited franchise conditions.

It shall be a violation of ORS 650.120 to 650.170 for a franchisor to require a franchisee to agree to the inclusion of a term or condition in a franchise, or in any lease or agreement ancillary or collateral to a franchise, as a condition to the offer, grant or renewal of such franchise, lease or agreement, that:
(1) Requires the franchisee to waive trial by jury in actions involving the franchisor.
(2) Specifies the jurisdictions, venues or tribunals in which disputes arising with respect to the franchise, lease or agreement shall or shall not be submitted for resolution or otherwise prevents a franchisee from bringing an action in a particular forum otherwise available under the law.
(3) Requires that disputes between the franchisor and franchisee be submitted to arbitration or to any other binding alternative dispute resolution procedure. However, any such franchise, lease or agreement may authorize the submission of a dispute to arbitration or to binding alternative dispute resolution if the franchisor and franchisee voluntarily agree to submit such dispute to arbitration or binding alternative dispute resolution at the time the dispute arises.
(4) Adversely alters to a substantial degree the rights and obligations of a franchisee under any existing franchise contract. [1989 c.716 §4; 1999 c.660 §6; 2007 c.71 §204]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.167 - Violation of ORS 650.140 or 650.150 as irreparable injury.

In any action brought by a dealer against a manufacturer, distributor or importer under ORS 650.120 to 650.170, any violation of ORS 650.140 or 650.150 by a manufacturer, distributor or importer may be considered an irreparable injury to the dealer for determining if a temporary restraining order should be issued. [1991 c.609 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.170 - Dealer’s remedy.

(1) Any dealer injured, or threatened with injury, by a manufacturer, distributor or importer as a result of a violation of ORS 650.120 to 650.170 may sue to enjoin such illegal, or threatened illegal conduct.
(2) The court, in an action brought under ORS 650.120 to 650.170, may award damages to a dealer who demonstrates an actual loss of money as a result of illegal conduct by a manufacturer, distributor or importer.
(3) Any action for damages under ORS 650.120 to 650.170 shall be brought within two years of the injury. In any action brought under ORS 650.120 to 650.170, the court may award reasonable attorney fees and costs to the prevailing party. [1980 c.3 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.205 - Prohibited conduct by franchisor.

Notwithstanding the terms of any franchise, a franchisor shall not:
(1) Require any franchisee to meet unreasonable mandatory minimum sales volume requirements for fuel or other products;
(2) Alter the franchise premises during the effective term of the franchise without the consent of the franchisee. This subsection does not apply to alterations required by law;
(3) Interfere with any franchisee’s right to assistance of counsel on any matter or to join or be active in any trade association;
(4) Set or compel, directly or indirectly, the retail price at which the franchisee sells motor fuel or other products; and
(5)(a) With respect to credit cards issued by the franchisor, chargeback any credit card invoice to a motor fuel franchisee unless the franchisor provides the cardholder’s last-known address, the reason for chargeback, a refund or credit for any credit card handling fee collected on the transaction by the franchisor from the franchisee, and the original invoice of the credit card charge or the legal equivalent if the franchisor has previously received the invoice or a copy thereof. The cardholder’s address need not be provided if the chargeback is based on any alleged unlawful, fraudulent or deceptive act of the franchisee or an employee of the franchisee, or if the cardholder claims no legal responsibility for payment of the charge because it involved the unauthorized use of a credit card.
(b) The terms and conditions governing a motor fuel franchisee’s acceptance of a franchisor issued credit card, including the reasons for which a chargeback may be made, shall be established in writing and a copy thereof provided to the franchisee. The franchisor or its agent shall provide at least 30 days’ prior written notice to a franchisee before implementing any change to previously disclosed terms and conditions if such change may increase the franchisee’s cost of accepting the franchisor issued credit card or if such change adds to or amends the reasons for which a chargeback may occur.
(c) No credit card invoice for a franchisor issued credit card shall be charged back after 90-days from the date a charge invoice was submitted to the franchisor, except that a chargeback may be made beyond the 90-day period if the cardholder or franchisor alleges fraudulent or other unlawful actions by the franchisee or an employee thereof in making the sale, or if the cardholder refuses payment to the franchisor pursuant to rights granted under section 170 of the Federal Truth-in-Lending Act (15 U.S.C. 1666i), or any rule issued under section 5 of the Federal Trade Commission Act (15 U.S.C. 46), unless the cardholder’s refusal to pay is the fault of the franchisor. [1987 c.917 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.210 - Rights and prohibitions governing relationship between franchisor and franchisee.

Without limiting the other provisions of ORS 650.200 to 650.250, the following specific rights and prohibitions shall govern the relationship between the franchisor and the franchisee. It shall be unlawful and a violation of ORS 650.200 to 650.250 for any franchisor to:
(1) Require a franchisee to purchase or lease goods or services of a franchisor or from approved sources of supply unless and to the extent that the franchisor satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition. This subsection does not apply to the initial inventory of the franchise. A determination of whether such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds and do not substantially affect competition shall be guided by the decisions of the courts of the United States in interpreting and applying the antitrust laws of the United States.
(2) Sell, rent or offer to sell or rent to a franchisee any product, service or property at a price not set in good faith as defined in ORS 71.2010 (2)(t).
(3) Require a franchisee to assent to a release, assignment, novation or waiver which would relieve any person from liability imposed by ORS 650.200 to 650.250.
(4) Refuse to renew a franchise without fairly compensating the franchisee for the fair market value at the time of expiration of the franchise of the franchisee’s resalable inventory, supplies, equipment and furnishings purchased from the franchisor, not including personalized materials that have no value to the franchisor and inventory, supplies, equipment and furnishings not reasonably required in the conduct of the franchise business. A franchisor may offset against amounts owed to a franchisee under this subsection any amounts owed by such franchisee to the franchisor.
(5) Impose on a franchisee by contract, rule or regulation, whether written or oral, any standard of conduct unless the person so doing can sustain the burden of proving the standard of conduct to be reasonable. [1987 c.917 §9; 2009 c.181 §107]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.215 - Prohibited conduct in offer, sale or purchase of franchise.

It is unlawful for any person in connection with the offer, sale or purchase of any franchise directly or indirectly:
(1) To sell or offer to sell a franchise in this state by means of any written or oral communication which includes an untrue statement of a material fact.
(2) To employ any device, scheme or artifice to defraud.
(3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person. [1987 c.917 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.220 - Consent of franchisor to sale, assignment or transfer of franchise; conditions for trial franchise.

(1) Notwithstanding the terms of any franchise, a franchisor shall not prohibit or unreasonably withhold its consent to any sale, assignment or other transfer of the franchise by a franchisee to a qualified third party.
(2) If the franchisor consents to the proposed sale, assignment or other transfer and the proposed third party has not previously been a party to a franchise with the franchisor, the franchisor at its option may require the third party to accept in lieu of the assigned franchise a trial franchise as defined in The Petroleum Marketing Practices Act, (15 U.S.C. 2803), on the terms and conditions then generally being extended by the franchisor to similarly situated franchisees. Entry into the trial franchise shall terminate the franchise proposed to be sold, assigned or transferred. [1987 c.917 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.225 - Death of franchisee; when franchisor required to enter into new franchise with designee of franchisee; notice; qualifications; possession of franchise premises.

(1) Following the death of a motor fuel retailer franchisee and notwithstanding the terms of the franchise, the franchisor, in the case of leased marketing premises, shall enter into a new franchise with the designee of the motor fuel retailer franchisee on the terms and conditions then generally being extended by the franchisor to similarly situated motor fuel retailers if:
(a) Prior to the death of a motor fuel retailer franchisee, the motor fuel retailer franchisee notifies the franchisor in writing of the designee, who shall be the surviving spouse, adult child, or adult stepchild of the motor fuel retailer franchisee or in the absence of a designation, the motor fuel retailer franchisee’s surviving spouse, if any;
(b) At the time of the motor fuel retailer franchisee’s death, the designee meets the qualifications then being required by the franchisor for its motor fuel retailer franchisees; and
(c) Within 10 days following the motor fuel retailer franchisee’s death, the designee enters into a new franchise with the franchisor on the terms and conditions then generally being extended by the franchisor to similarly situated motor fuel retailer franchisees, except that for the part of the term of the new lease equal to the unexpired portion of decedent franchisee’s prior lease, the rent shall be the same as under the prior lease.
(2) Until the designee enters into a new franchise as provided in subsection (1) of this section, the franchisor shall be entitled to possess and to operate the marketing premises for the franchisor’s own account. [1987 c.917 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.230 - Transfer of franchise to corporation in which franchisee has controlling interest; conditions.

Notwithstanding the terms of any franchise, no franchisor may prohibit or prevent the sale, assignment or other transfer of a franchise to a corporation in which the franchisee has and maintains a controlling interest if the franchisee offers in writing personally to guarantee the performance of the obligations under the franchise. In the event of a sale, assignment or transfer under this section, the franchisor may require the corporation to assume in writing all of the franchisee’s obligations to the franchisor under the franchise and may require the franchisee to maintain a controlling interest in the corporation and actively operate the marketing premises during the time that the franchise with the corporation continues. [1987 c.917 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.235 - Franchisor prohibited from requiring operation of service station in excess of 16 hours per day; exceptions.

(1) A franchisor, as a condition for renewal of a franchisee lease or a supply agreement, shall not require a franchisee to operate a service station for the sale of motor fuel to the public for ultimate consumption in excess of 16 hours per day.
(2) This section shall not apply:
(a) If specific hours of business or operation are required under the franchisor’s prime lease or license from any governmental entity, airport, parking, marine or port authority, shopping center or any private investor not affiliated with or controlled by the franchisor;
(b) If the service station is located within one-fourth mile of access to any limited access highway of the federal highway system;
(c) To hours of operation exceeding 16 hours per day that have been agreed upon by the franchisor and the franchisee; or
(d) If the franchisor uniformly requires a 24-hour operation by all of its franchisees. [1987 c.917 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.250 - Injunctive relief or damages; limitation on commencement of action; attorney fees.

(1) Any person who is injured in the person’s business or property by reason of a violation of ORS 650.200 to 650.250 may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, for injunctive relief or to recover the damages sustained by the person. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1987 c.917 §11; 1995 c.696 §42]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.310 - Good cause; determination.

When determining whether good cause exists for an action, a person shall consider:
(1) Concerning the dealer affected by the action:
(a) The extent of the dealer’s sales and leases of recreational vehicles in the area of sales responsibility;
(b) The nature and extent of the dealer’s investment in the dealer’s business;
(c) Whether the dealer’s service facilities, equipment, parts, supplies and personnel are adequate to carry out the responsibilities assigned to the dealer in the dealership agreement;
(d) The extent and quality of the warranty service performed by the dealer; and
(e) The extent to which the dealer performed the obligations imposed by the dealership agreement.
(2) The economic effect the action may have on communities located within the affected dealer’s area of sales responsibility. [2003 c.377 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.320 - Dealership agreement.

(1) A dealership agreement shall:
(a) Contain a provision that the law of this state governs the agreement;
(b) Assign the dealer an area of sales responsibility;
(c) If the dealer is an individual, include the designation of a member of the dealer’s family to succeed to the dealer’s interests in the dealer’s business and dealership agreement upon the dealer’s death, incapacity or retirement; and
(d) Inform the dealer of the dealer’s obligations:
(A) To perform warranty service;
(B) To prepare products for delivery to the consumer; and
(C) To deliver products to the consumer.
(2) Upon a dealer’s request, a grantor shall reconsider the scope of the dealer’s area of sales responsibility once a year.
(3) During the term of a dealership agreement, a grantor may not:
(a) Change the dealer’s area of sales responsibility; or
(b) Authorize another dealer to sell or lease the same line make in the area of sales responsibility.
(4) Subsection (3)(b) of this section does not apply if:
(a) Good cause exists to authorize another dealer in the same area of sales responsibility; and
(b) The area of sales responsibility will support the existing dealer and the new dealer. [2003 c.377 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.330 - Comparable terms and conditions; grantor sales to public.

(1) As used in this section, "terms and conditions" includes rebates, discounts or any other program that may affect the ultimate price of a product.
(2) If dealers compete for the sale or lease of recreational vehicles to the motoring public, a grantor shall offer to sell products to the dealers at the same prices and on the same terms and conditions.
(3) A grantor may not sell a recreational vehicle to the motoring public. [2003 c.377 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.350 - Dealer’s rights upon termination, cancellation or failure to renew.

(1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer’s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer:
(a) All new recreational vehicles that the dealer purchased from the grantor within 12 months prior to the effective date of the termination, cancellation or failure to renew and for which a consumer has not obtained a title as defined in ORS 801.526;
(b) If accompanied by the original invoice, all current and undamaged proprietary parts and accessories that the dealer purchased from the grantor within 120 days prior to the effective date of the termination, cancellation or failure to renew; and
(c) All functioning equipment, machines and tools and all current signs that the dealer purchased from the grantor at the grantor’s request in the five years before termination, cancellation or failure to renew and that cannot continue to be used in the normal course of the dealer’s business.
(2) Subsection (1)(a) of this section does not apply to a recreational vehicle that:
(a) The dealer has sold or leased to a consumer or that has been used for more than demonstration or materially altered; or
(b) Has been damaged to the extent requiring disclosure to a consumer under ORS 650.420.
(3) For the purposes of subsection (1)(a) of this section:
(a) If a new recreational vehicle has not been damaged, the sum due for the recreational vehicle is the net invoice cost.
(b) If a new recreational vehicle has been damaged but less than to the extent requiring disclosure to a consumer under ORS 650.420, the sum due for the recreational vehicle is the net invoice cost less the cost to repair the vehicle.
(4) The sum due for a proprietary part or accessory under subsection (1)(b) of this section is 105 percent of the net invoice cost plus the cost to the dealer to transport the part or accessory to the grantor.
(5) The sum due for equipment, machines, tools and signs under subsection (1)(c) of this section is the net invoice cost of the equipment, machines, tools and signs.
(6) A grantor shall pay a dealer the sum due in full within 30 days of receiving a product from a dealer under this section. [2003 c.377 §6; 2005 c.47 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.360 - Coercion prohibited.

(1) As used in this section, "coerce" includes threatening to terminate, cancel or fail to renew a dealership agreement without good cause.
(2) A grantor may not coerce, or attempt to coerce, a dealer:
(a) To purchase a product that the dealer did not order;
(b) To enter into an agreement with the grantor; or
(c) To take any action that is unfair to the dealer.
(3) A grantor may not require a dealer to enter into an agreement that requires the dealer to submit to binding arbitration. [2003 c.377 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.370 - Transfer by dealer.

(1) A dealer shall give a grantor 30 days’ notice in writing before the dealer transfers an interest in a dealership agreement or ownership of a business that is the subject of a dealership agreement.
(2) The dealer shall include in a notice under this section the identity, financial ability and qualifications of the proposed transferee and any other information required by the dealership agreement.
(3)(a) The dealer may not transfer the business to the transferee if a grantor, within 30 days after receiving the dealer’s notice, notifies the dealer that the grantor has reasonable grounds to object to the proposed transferee.
(b) If the grantor does not notify the dealer as provided in this subsection, the grantor shall accept the transfer.
(c) As used in this subsection, "reasonable grounds to object" includes, but is not limited to, a proposed transferee’s conviction of a felony or a lack of creditworthiness or experience to operate the business. [2003 c.377 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.380 - Dealer’s successor.

(1) A grantor shall permit a dealer who is an individual to change the dealer’s designation of a member of the dealer’s family to succeed to the dealer’s interest in the dealer’s business and dealership agreement.
(2) Upon the dealer’s death, incapacity or retirement, the grantor shall accept the transfer of the dealer’s interest in the dealer’s business and dealership agreement to the member of the family designated by the dealer.
(3) Subsection (2) of this section does not apply if the grantor notifies the designated family member that the grantor has reasonable grounds to object to the designated family member.
(4) As used in this section and ORS 650.370, "reasonable grounds to object" includes, but is not limited to, the designated family member’s conviction of a felony or a lack of creditworthiness, experience to operate the business or licenses or certificates necessary to operate the business.
(5) A designated family member’s right to succeed to the dealer’s interest in the dealer’s business and dealership agreement does not include the right to relocate the dealer’s business or change the terms of the dealership agreement. [2003 c.377 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.400 - Recalls.

(1) A grantor or warrantor shall:
(a) Assume the liability imposed upon a dealer because of defects in products the grantor or warrantor supplied to the dealer; and
(b) Notify a dealer of:
(A) A recall of a product.
(B) The dates by which parts and equipment, including tires and chassis and parts of chassis, will be available to remedy defects.
(2) If a grantor or warrantor notifies a consumer of a recall of a product, the grantor or warrantor shall inform the consumer of the dates on which parts and equipment, including tires and chassis and parts of chassis, will be available to remedy defects.
(3)(a) If a grantor provides parts to a dealer to perform services pursuant to the grantor’s recall of a product, after the dealer performs the services, the dealer may return, and the grantor shall accept, unused parts in excess of the dealer’s needs.
(b) If a dealer returns parts under this subsection, the grantor shall credit the dealer’s account with the cost of the parts.
(4) If a warrantor provides parts to a dealer to perform services pursuant to the warrantor’s recall of a product, after the dealer performs the services, the dealer may return, and the warrantor shall accept, unused parts in excess of the dealer’s needs. [2003 c.377 §11]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.410 - Dealer’s warranty obligations.

(1) A dealer shall:
(a) Perform warranty service in a timely and competent manner on a recreational vehicle that the dealer did not sell or lease if:
(A) The vehicle is of the same line make the dealer offers; and
(B) The grantor or warrantor has agreed to compensate the dealer for performing the warranty service; and
(b) Complete all predelivery inspections required by the dealership agreement.
(2) A dealer may not intentionally misrepresent the terms of a warranty. [2003 c.377 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.420 - Required disclosures.

(1) Before delivering a new recreational vehicle to a dealer, the grantor shall notify the dealer of:
(a) Uncorrected damage to the vehicle.
(b) Corrected damage that exceeded six percent of the net invoice cost of the vehicle to the dealer.
(2) Before selling or leasing a new recreational vehicle to a consumer, the dealer shall:
(a) Disclose to the consumer any structural damage to the recreational vehicle; and
(b) Obtain the consumer’s written acknowledgment of the disclosure.
(3) Subsections (1) and (2) of this section do not apply if the damage is to the following components and the grantor or dealer has replaced the components with substantially identical components:
(a) Audio equipment.
(b) Appliances.
(c) Bumpers.
(d) Decorations.
(e) Furniture.
(f) Glass.
(g) In-dash components.
(h) Instrument panels.
(i) Paint.
(j) Tires.
(k) Video equipment.
(L) Wheels.
(4) If a grantor selects the carrier to deliver a recreational vehicle to a dealer, the grantor must compensate the dealer for the dealer’s cost of repairing damage to the recreational vehicle caused by the carrier. [2003 c.377 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.430 - Damaged or defective vehicles.

(1) Within three days of receiving a damaged or defective recreational vehicle from the grantor, the dealer shall:
(a) Notify the grantor in writing of the damage or defect; and
(b)(A) Ask the grantor to permit the dealer to repair the damage or correct the defect at the expense of the grantor; or
(B) Reject the vehicle.
(2) A dealer may reject a vehicle if, within 10 days of receiving the dealer’s notice, the grantor does not permit a dealer to repair the damage or correct the defect at the grantor’s expense.
(3) If a dealer rejects a vehicle, the grantor must repurchase the vehicle within 10 business days. The repurchase price shall include the costs of delivery and financing necessary to keep the vehicle in stock.
(4) Rejection of a vehicle releases the dealer from any obligation to the grantor to pay for the vehicle.
(5) A dealership agreement may extend the term by which a dealer must notify the grantor of a damaged or defective vehicle. [2003 c.377 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.440 - Grantor’s ownership, operation or control of dealership.

(1) A grantor may not sell a recreational vehicle to or through a dealer without having entered into a dealership agreement with the dealer.
(2) A grantor may not own, operate or control a dealership in this state.
(3) Notwithstanding subsection (2) of this section, a grantor may own, operate or control a dealership in this state if:
(a)(A) The ownership, operation or control does not exceed a period of one year or, if the grantor can show good cause, two years; and
(B) The dealership is for sale at a reasonable price and under reasonable terms and conditions;
(b) The grantor has entered into a bona fide agreement with a person who, under the dealership agreement:
(A) Must make a significant investment, subject to loss, in the dealership; and
(B) May reasonably expect to acquire the dealership in a reasonable time and under reasonable terms and conditions; or
(c) The grantor owned, operated or controlled the dealership on January 1, 2003. [2003 c.377 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.450 - Indemnification; grantor and dealer.

(1) Notwithstanding any dealership agreement:
(a) A grantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the grantor’s negligence or intentional misconduct.
(b) A dealer shall indemnify a grantor against and hold the grantor harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the dealer’s negligence or intentional misconduct.
(2)(a) A dealer shall notify the grantor of a claim or action that is subject to subsection (1)(a) of this section within 10 days of the dealer’s receipt of the claim or service of summons.
(b) A grantor shall notify the dealer of a claim or action that is subject to subsection (1)(b) of this section within 10 days of the grantor’s receipt of the claim or service of summons. [2003 c.377 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.460 - Indemnification; warrantor and dealer.

(1) Notwithstanding any agreement to the contrary:
(a) A warrantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the warrantor’s negligence or intentional misconduct.
(b) A dealer shall indemnify a warrantor against and hold the warrantor harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the dealer’s negligence or intentional misconduct.
(2)(a) A dealer shall notify the warrantor of a claim or action that is subject to subsection (1)(a) of this section within 10 days of the dealer’s receipt of the claim or service of summons.
(b) A warrantor shall notify the dealer of a claim or action that is subject to subsection (1)(b) of this section within 10 days of the warrantor’s receipt of the claim or service of summons. [2003 c.377 §17]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.470 - Remedies; grantor and dealer; attorney fees.

(1) A dealer injured by a grantor’s violation of ORS 650.320, 650.330, 650.340, 650.350, 650.360, 650.370, 650.380, 650.400, 650.420, 650.430, 650.440 or 650.450 may bring a civil action against the grantor to recover the dealer’s actual damages.
(2) A grantor injured by a dealer’s violation of ORS 650.370, 650.410, 650.420 or 650.450 may bring a civil action against the dealer to recover the grantor’s actual damages.
(3) The court shall award reasonable attorney fees to the prevailing party in an action under this section.
(4) In an action between a grantor and a dealer, the grantor bears the burden of proving:
(a) Good cause for the grantor’s act; and
(b) The unsuitability of a dealer’s designated successor or proposed transferee. [2003 c.377 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.480 - Remedies; warrantor and dealer; attorney fees.

(1) A dealer injured by a warrantor’s violation of ORS 650.390, 650.400, 650.410 or 650.460 may bring a civil action against the warrantor to recover the dealer’s actual damages.
(2) A warrantor injured by a dealer’s violation of ORS 650.410 or 650.460 may bring a civil action against the dealer to recover the warrantor’s actual damages.
(3) The court shall award reasonable attorney fees to the prevailing party in an action under this section. [2003 c.377 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.010 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Bureau" means the Bureau of Labor and Industries.
(2) "Commissioner" means the Commissioner of the Bureau of Labor and Industries. [Amended by 1979 c.659 §1; 1987 c.158 §123]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.030 - Commissioner; election; term; qualifications.

(1) The Bureau of Labor and Industries shall be under the control of the Commissioner of the Bureau of Labor and Industries which office hereby is created.
(2) The Commissioner of the Bureau of Labor and Industries shall be elected for a term of four years.
(3) The Commissioner of the Bureau of Labor and Industries shall be a citizen of this state who has been a resident of this state for over five years. [Amended by 1979 c.659 §3; 1995 c.107 §3]