Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 105 - NON-PARTICIPATING MANUFACTURERS
Section 137-105-0050 - Monitoring and Enforcing Tobacco Product Manufacturer Compliance
Universal Citation: OR Admin Rules 137-105-0050
Current through Register Vol. 63, No. 9, September 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.
Statutory/Other Authority: ORS 323.865
Statutes/Other Implemented: ORS 323.862
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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