Title 180 · ORS Chapter 180

180.755, the Attorney General may cause an investigative demand to be served upon the person. The investigative demand may require the person: �� (a) To appear and testify under oath at the time a

Citation: ORS 180.755

Section: 180.755

180.755, the Attorney General may cause an investigative demand to be served upon the person. The investigative demand may require the person:

�� (a) To appear and testify under oath at the time and place stated in the investigative demand;

�� (b) To answer written interrogatories; or

�� (c) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand.

�� (2) An investigative demand under this section shall be served in the manner provided by ORS 646.622 and may be enforced in the manner provided by ORS 646.626. [2009 c.292 �6]

�� Note: See note under 180.750.

�� 180.777 Confidentiality and use of documentary material, answers to interrogatories and transcripts of oral testimony. (1) While in the possession of the Attorney General, any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence and not be disclosed to any person except:

�� (a) The person providing the material or answers;

�� (b) The representative or attorney of the person providing the material or answers;

�� (c) Persons employed by the Attorney General;

�� (d) Officials of the United States or any state who are authorized to enforce federal or state false claims laws, including the federal False Claims Act, 31 U.S.C. 3729 to 3733, provided that prior to the disclosure the Attorney General shall obtain the written agreement of the officials to abide by the confidentiality restriction of this section; and

�� (e) Other persons authorized in subsection (2) of this section.

�� (2) Documentary material, answers to interrogatories and transcripts of oral testimony in the possession of the Attorney General may be:

�� (a) Used in any investigation conducted pursuant to ORS 180.750 to 180.785 or in any case or proceeding before a court or administrative agency; or

�� (b) Disclosed to any committee or subcommittee of the Legislative Assembly in a manner and for purposes as the Attorney General deems appropriate.

�� (3) Upon completion of a civil action brought under ORS 180.760, the Attorney General shall return any documents, answers and transcripts that have not passed into the control of the court through introduction into the records, to the person who provided the documents, answers or testimony, upon the person�s request in writing. If no action in which documents, answers or testimony may be used has been commenced within a reasonable time after completion of the examination or analysis of all documentary material, but in no event later than four years after production of the material, the Attorney General shall, upon written request of the person who produced the material, return all documents, answers and transcripts to the person who provided them. [2023 c.104 �4]

�� Note: See note under 180.750.

�� 180.780 Distribution of recovered amounts. (1) If a judgment is entered in favor of the state under ORS 180.760, the Attorney General shall first apply amounts collected under the judgment to reimburse the state for the costs, attorney fees and expenses, including investigative costs, incurred as a result of the violation of ORS 180.755.

�� (2) After reimbursement under subsection (1) of this section, amounts collected under the judgment must be paid to any public agency or fund that suffered a loss by reason of the violation of ORS 180.755.

�� (3) Any amount remaining after distribution as provided in subsections (1) and (2) of this section must be deposited in the Department of Justice Protection and Education Revolving Account. [2009 c.292 �7; 2009 c.820 �1b]

�� Note: See note under 180.750.

�� 180.785 Remedy not exclusive. The remedies provided under ORS 180.760 are in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Claims based on remedies available under other provisions of law may be joined in an action under ORS 180.760. [2009 c.292 �8]

�� Note: See note under 180.750.

(Immigration)

�� 180.805 Prohibited involvement of public bodies in federal immigration law enforcement; civil action. (1) As used in this section:

�� (a) �Federal immigration authority� means the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the United States Customs and Border Protection or a successor agency, any other federal immigration agency or official, or any other entity to which a federal immigration agency delegates or assigns the authority to detect, investigate or enforce violations of immigration law.

�� (b) �Information concerning a person�s citizenship or immigration status� means information about whether a person is a citizen of the United States or has lawful authority to be present in the United States, either through a visa, a green card or another official documentation. The term does not include information consisting of a person�s address, location, contact information, relatives, associates or other information that could lead to the detection or apprehension of the person.

�� (c) �Public body� has the meaning given that term in ORS 174.109.

�� (d) �Social media� has the meaning given that term in ORS 659A.330.

�� (2) Except as required by state or federal law, a public body may not disclose, for the purpose of enforcement of federal immigration laws, the following information concerning any person, whether current or otherwise:

�� (a) The person�s address;

�� (b) The person�s workplace or hours of work;

�� (c) The person�s school or school hours;

�� (d) The person�s contact information, including telephone number, electronic mail address or social media account information;

�� (e) The identity of known associates or relatives of the person;

�� (f) The date, time or location of the person�s hearings, proceedings or appointments with the public body that are not matters of public record; or

�� (g) Information described in paragraphs (a) through (f) of this subsection with respect to known relatives or associates of the person.

�� (3) Except as required by state or federal law, or as necessary to determine eligibility for a benefit a person is seeking, a public body may not inquire about or request information concerning a person�s citizenship or immigration status.

�� (4)(a) If a public body collects information concerning a person�s citizenship or immigration status, the public body shall decline to disclose the information unless disclosure is required by:

�� (A) State or federal law;

�� (B) A court order; or

�� (C) A warrant authorized by a court.

�� (b) Nothing in this subsection:

�� (A) Prevents a person from obtaining records about the person or the person�s dependents from a public body; or

�� (B) Authorizes a public body to withhold aggregated information that is not personally identifiable.

�� (5) A public body shall, within six months of August 15, 2017, and every year thereafter, review the public body�s confidentiality policies to ensure that the public body treats information concerning a person�s citizenship or immigration status, and information described in subsection (2) of this section, in a manner consistent with this section and ORS 180.810.

�� (6) Any person may bring a civil action against a law enforcement agency or public body that violates subsection (2) or (3) of this section to enjoin the violation. [2017 c.724 �1; 2021 c.550 �8]

�� Note: 180.805 and 180.810 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 180.810 Model confidentiality policy; rules. (1) The Attorney General shall publish model policies intended to limit, to the fullest extent possible consistent with state and federal law, immigration enforcement at public schools, public health facilities, courthouses, public shelters and other public facilities operated by a public body.

�� (2) All public bodies are encouraged to implement policies based on the model policies described in subsection (1) of this section.

�� (3) Any entity that contracts with a public body to provide services related to physical or mental health, education or access to justice is encouraged to adopt policies based on the model policies described in subsection (1) of this section.

�� (4) The Attorney General may adopt rules to implement this section. [2017 c.724 �2]

�� Note: See note under 180.805.

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