OAR 137-105-0050: Monitoring and Enforcing Tobacco Product Manufacturer Compliance

(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.