STATE OF OREGON I STATE OF OREGON Marion County Circuit Courts Marion County Circuit Courts OCT 10 2013 - OCT 10 2013 FILED 2 3 OOHQ 26 CIRCUIT COURT OF OREGON MARION COUNTY INTHEMATTEROF: - CaseNo. 13 :72 Is . ASSURANCE OF VOLUNTARY RODNEY POWELL . COMPLIANCE Respondent. 1. Rodney Powell does business in Oregon and is thewrespondent herein. This agreement is between respondent and the Oregon Department of Justice (DOD acting pursuant to ORS 646.63 2. PROCEDURE 2. This Assurance of Voluntary Compliance (AVG) is a settlement of a disputed matter. It shall not be considered an admission of a Violation for any purpose, 3. Respondent acknowledges a notice from the State of Oregon pursuant to ORS 646.632(2) of the alleged unlawihl trade practice and the relief to be sought. 4, Respondent understands and agrees this AVC applies to reSpondent, his principals, of?cers, directors, agents, employees, representatives, successors and assigns, jointly and severally, while acting personally, or through any corporation or other business entities, Whose acts, practices or policies are directed, formulated or controlled by respondent. Page 1 of OF VOLUNTARY COMPLIANCE ATV: 4573936 OF JUSTICE 116?. Court Street NE Salem, OR 97301?4096 (503) 934-4400 (503) 373-5017 5. RespOndent agrees and understands that following acceptance of the AVG by DOJ, DOJ may communicate directly with respondent for the purpose of executing and enforcing the terms of this agreement, resolving future complaints, and conducting undercover investigations of respondent. 6.. Respondent understands and agrees that if this AVC is accepted by DOJ, it still be submitted to the Circuit Court of the State of Oregon for Marion County for approval, and, if approved, will be ?led with the court pursuant to ORS 646.6320). 7. Respondent waives any further notice of submission to and ?ling with the court of this Respondent agrees to accept service of a conformed or court certi?ed copy by prepaid ?rst class mail sent to the addresses following his signature. 8. If monies which are ordered to be paid in this AVC are not paid timely, may convert the AVC to a money judgment under ORS 646.63 2(2) without notice to respondent. Respondent agrees a copy of the money judgment may be sent to respondent, ?rst class mail to the addresses following his signature. 9. . Respondent understands that, in addition to any other sanctions which may be imposed under this AVC or under the law, violation of any of the terms of this AVC may result in contempt of court proceedings, civil penalties of up to $25,000 for each violation, and such further relief as the court may deem appropriate. ORS 646133204), ORS 646.642(l) and ORS r?f/ Page 2 of OF VOLUNTARY COMPLIANCE AW: 4578936 OF JUSTICE 1162 Court Street NE Salem, OR 97301-4096 {503) 934-4400 FAX: (503} 378-5017 10. The parties acknowledge that no other promises, representations or agreements of any nature have been made or entered into by the parties. The parties further acknowledge that this AVC constitutes a single and entire agreement that is not severable or divisible, except that if any provision herein is found to be legally insuffi cient or unenforceable, the remaining provisions shall continue in full force and effect. REMEDIES ll. ReSpondent shall obey Oregon's Unlawful Trade Practices Act, ORS 646.605 to ORS 646.656. 12. ReSpondent shall not represent or imply that acquiesces or approves of respondent?s past business practices, current efforts to reform his practices, or any future practices which reSpondent may adopt or consider adopting. decision to settle this matter or to otherwise unilaterally limit current or future enforcement action does not constitute approval or imply authorization for any past, present, or future business practice. 13. Respondent shall pay full refunds to the following consumers by certi?ed funds made payable to the individual consumers and delivered to DOJ within 548 days of the execution of this AVG: a) $3,460 to John Pring; b) $2,750 to Michael Whipple; $4,033 to Dunbar; d] $2,155 to Michael Mawdsley,? e) $5,000 to Kevin Smallwood; 1) $2,650 to Charles Dobovich; Page 3 of OF VOLUNTARY COMPLIANCE AW: 4578936 DEPARTMENT OF 1162 Court Street NE Salem, OR 973014096 (503) 378-501? g) $3 ,000 to ChI'lSlOphel' Wood; and 11) $2,000 to Jose Hernandez. 14. Within 180 days of a consumer ?ling a good faith complaint with the Oregon Department of Justice, which includes supporting documentation of payment, concerning Reapondent?s failure to deliver goods, Respondent shall pay full. restitution to the consumer by delivering certi?ed funds made payable to the individual consumer and delivered to the Oregon Department of Justice. 15. ReSpondent shall pay the sum of five thousand dollars [$5,000] to DOJ for deposit to the Department of Justice account established pursuant to ORS 180.095 to he used by DOJ as provided by law. However, DOJ agrees to waive the payment provided Respondent complies with each and every term and condition of this AVC. Should the DOJ determine, in good faith, that reSpondent failed to comply with any condition of this AVC, the DOJ may convert any unpaid balance due to any cOnsumer listed in Paragraph 13 of this AVC, and ?ve thousand dollars [$5,000] due to into a General Judgment, Money Award, as set forth in Paragraph 8 of this AVG. -- 16. Effective immediately upon execution of this AVC, Respondent agrees to be permanently enjoined from soliciting or providing metal fabrication services in the state of Oregon, unless working as a bona ?de employee of another company not owned or Operated by reSpondent. APPROVAL BY COURT 1q~ 1l?"q53 APPROVED FOR FILING and so ORDERED this 12 day of ch ,ssi-a Circur'i ?iourt ridge Page 4 of or VOLUNTARY COMPLIANCE AJV: 4578936 DEPARTMENT OF JUSTICE 162 Court Street NE Salem,- OR 97301?4096 (503) 934-4400 (FAX: (503) 373.501? k) D.) SIGNATURES AND Respondent has read and understands this agreement and each of Its terms. Respondent agrees to each and every term. 5 Individual Spondentl 6 7 8 13711111141115 Address fig/027 74Ve Uq 9'6 9 72 Cf 10 REVIEW BY RESPONDENT ATTORNEY 11 Approved and agreed to by local counsel for Respondent. 12 DATED this a day of 6W ,2013. 13 14 . . Justin 124196 15 Corbridg Kroll Attorneys at Law LLC 19075 NW Tanasbourne Dr #100 16 Hillsboro: OR 97124 17 ACCEPTANCE OF not 18 Accepted this day of OCH, be 2013. 19 ELLEN F. ROSENBLUM Attorney General 20 21 77/ (4344/ 737 22 ARIEL VEE SB #124853 Assistant Atto ey General 23 Oregon Department of Justice 1162 Court. Street NE 24 Salem, OR 97301?4096 Phone: (503) 934?4400 25 Fax: (503) 373?5017 26 Email: Page 5 of OF VOLUNTARY COWLIANCE AJV: 4578936 0F JUSTICE 1 162 Court Street NE Salem: OR 97301?4096 {503) (503) 37?8-5017