Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0050 - Monitoring and Enforcing Tobacco Product Manufacturer Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 323.862 authorizes the
			 Department of Revenue to disclose to the Attorney General, and such other
			 parties as the Attorney General deems necessary, information submitted to the
			 department relating to cigarettes, tobacco product manufacturers, and tobacco
			 retailers to allow the Attorney General to monitor and enforce compliance by
			 tobacco product manufacturers with ORS
			 323.800 to
			 323.806.
(2) For the purposes of ORS
			 323.862 and this rule:
(a) "Attorney General" includes attorneys
			 employed by the Oregon Department of Justice;
(b) "Department" means the Department of
			 Revenue;
(c) "Distributor" has the
			 meaning given that term in ORS
			 180.405(3);
(d) "Information" and "information submitted
			 to the department" means cigarette related documents and data submitted to the
			 department, including but not limited to cigarette tax reports and returns
			 filed by distributors, documents related to such tax reports and returns filed
			 by distributors, and department audit documents relating to cigarette tax
			 reports and returns. "Information" includes the amount of tax, penalty,
			 interest, sales information, purchase information, and any other particulars,
			 set forth or disclosed in a cigarette tax report or return or other cigarette
			 related document submitted by a distributor to the Department;
(e) "Legal proceeding" includes but is not
			 limited to lawsuits in state or federal court, proceedings relating to the
			 Master Settlement Agreement, arbitrations, mediations and settlement
			 conferences or negotiations;
(f)
			 "Master Settlement Agreement" has the meaning given that term in ORS
			 323.800;
(g) "Monitoring and enforcing compliance"
			 includes, but is not limited to:
(A)
			 Investigating and calculating the amount of money that a nonparticipating
			 manufacturer must deposit in a qualified escrow fund or pay in equity
			 assessments, as applicable;
(B)
			 Investigating and determining whether a nonparticipating manufacturer has
			 deposited sufficient funds in a qualified escrow fund or paid sufficient equity
			 assessments, as applicable;
(C)
			 Investigating and determining whether a participating manufacturer is generally
			 performing its obligations under the Master Settlement Agreement;
(D) Investigating and demonstrating
			 enforcement by the Attorney General or the State of Oregon of ORS
			 323.800 to
			 323.806 in a legal proceeding
			 relating to 323.800 to 323.806, 180.400 to
			 180.405 or the Master Settlement Agreement;
(E) Investigating and assessing whether a
			 tobacco product manufacturer is in compliance with ORS 323.800 to
			 323.806 for the purposes of ORS
			 180.400 to
			 180.455;
(h) "Nonparticipating Manufacturer" has the
			 meaning given that term in ORS
			 323.800;
(i) "Participating Manufacturer" has the
			 meaning given that term in ORS
			 180.405;
(j) "Particulars" has the meaning given that
			 term in ORS 314.835(2)(b);
(k) "Qualified escrow fund" has the meaning
			 given that term in ORS
			 323.800;
(l) "Tobacco product manufacturer" has the
			 meaning given that term in ORS
			 323.800.