(1) Any person who violates ORS 696.511 (1) may be required by the Real Estate Commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner of: (a) Not less than $500 nor more than $1,000 for the first offense of unlicensed professional escrow activity; and (b) Not less than $1,000 nor more than $3,000 for the second and subsequent offenses of unlicensed professional escrow activity. (2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates ORS 696.511 may be required by the commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner but not to exceed the amount by which such person profited in any transaction which violates ORS 696.511. (3) Civil penalties under this section must be imposed in the manner provided in ORS 183.745. (4) The civil penalty provisions of subsections (1) and (2) of this section are in addition to and not in lieu of the criminal penalties for unlicensed professional escrow activity in ORS 696.990 (1) and (2). REAL ESTATE MARKETING
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