Chapter 21 Oregon Laws 2005

AN ACT

HB 2095

Relating to filings made with state government; creating new provisions; and amending ORS 453.665, 646.386, 673.630, 673.635, 673.705, 675.230, 688.040, 688.120, 688.815, 691.425, 703.425, 717.220, 725.190 and 726.130.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 453.665 is amended to read:

453.665. (1) Subject to subsection (2) of this section, the Department of Human Services shall provide for the issuance, allowance, modification, amendment, revision, suspension and revocation of general and specific licenses that relate to by-product materials, source materials or special nuclear materials and to devices or equipment that utilize any of those materials. The department [shall] may not require a specific license for the use of an X-ray machine within the limits of the license by a licensed dentist, chiropodist or veterinarian or by a person licensed to practice medicine, surgery, osteopathy, chiropractic, naturopathic medicine or any other system or method of healing. Otherwise the department may require registration or a general or specific license or both registration and a general or specific license with respect to any radiation source.

(2)(a) Each application for a specific license shall be in writing and shall state such information as the department by [regulation] rule determines both to be necessary to decide the applicant’s technical, insurance, financial or other qualifications and to be reasonable and necessary to protect occupational and public health and safety. At any time after the filing of the application for and before the expiration of a specific license the department may require further written statements, and may cause [such] inspections to be made as the department considers necessary, to determine whether the license should be granted, denied, modified, amended, revised, suspended or revoked. An application for a specific license or any statement relating to that application or to any license [pursuant thereto shall] must be signed by the applicant or licensee. [The department may require any such application or statement to be made under oath or affirmation.]

(b) Each license shall be in such form and contain [such] terms and conditions [as] the department considers necessary to protect the occupational and public health and safety.

(c) [No] A general or specific license or right to possess or use a radiation source under a general or specific license may not be assigned in any manner without the approval of the department.

(d) The terms and conditions of any general or specific license may be modified, amended or revised by [regulation] rule or order.

(e) Subject to any requirement for registration, the department may by [regulation] rule recognize a license from any other state or from the federal government as compliance with a license requirement of this section or of ORS 453.635.

(f) When the department finds that a radiation source, a use of a radiation source, a user of a radiation source or a class of such sources, uses or users will not constitute a significant risk to the health and safety of the public, the department may exempt the source, use, user or class, as the case may be, from any requirement for registration or a license.

SECTION 2. ORS 646.386 is amended to read:

646.386. (1) A credit services organization shall file a registration statement with the Department of Consumer and Business Services before conducting business in this state. The department by rule shall establish a registration system for credit services organizations. The system shall provide for annual renewals of registrations.

(2) Applications for registration or renewal shall be in writing[, under oath,] on a form prescribed by the department and shall be accompanied by a fee in an amount to be established by the director by rule.

(3) The registration statement shall contain information that the director requires and that is consistent with ORS 646.382 to 646.396, including, but not limited to:

(a) The name and address of the credit services organization.

(b) The name and address of a registered agent authorized to accept service on behalf of the credit services organization.

(c) The name and address of any person who directly or indirectly owns or controls 10 percent or more of the outstanding shares in the credit services organization.

(d) The name and address of the surety company or insured institution issuing a surety bond or irrevocable letter of credit required by ORS 646.388.

(4) The registration statement shall also contain either:

(a) A full and complete disclosure of any litigation or unresolved complaint filed with a governmental authority of this state, any other state or the United States relating to the operation of the credit services organization; or

(b) A notarized affidavit stating that there has been no litigation or unresolved complaint filed with a governmental authority of this state, any other state or the United States relating to the operation of the credit services organization.

(5) Except as provided in this subsection, the credit services organization shall update a registration statement not later than the 90th day after the date on which a change in the information required to be listed on the statement occurs. The credit services organization shall update a registration statement not later than 10 days before there is a change in any information required under subsection (3)(a) or (b) of this section.

(6) Each credit services organization registering under this section shall maintain a copy of the registration statement in the organization’s files. The credit services organization shall allow a consumer to inspect the registration statement upon request.

(7) If the director receives a registration statement that complies with this section and any rules of the director, the director shall register the credit services organization.

SECTION 3. ORS 673.630 is amended to read:

673.630. Every person desiring to be licensed as a tax consultant shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, [under oath or affirmation and] satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. Each application shall be accompanied by the examination fee as provided under ORS 673.685.

SECTION 4. ORS 673.635 is amended to read:

673.635. Every person desiring to be licensed as a tax preparer shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, [under oath or affirmation and] satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. The application shall be accompanied by the examination fee as provided under ORS 673.685.

SECTION 5. ORS 673.705 is amended to read:

673.705. It [shall be] is unlawful for any person to:

(1) Obtain or attempt to obtain a license as a tax consultant or a tax preparer by any fraudulent representation.

[(2) Make a false oath or affirmation under ORS 673.630 or 673.635.]

[(3)] (2) Represent that the person is licensed as a tax consultant or a tax preparer if the person is not so licensed.

[(4)] (3) Present or attempt to use the license of another person.

[(5)] (4) Attempt to use a suspended, lapsed or revoked license.

[(6)] (5) Falsely impersonate a licensee under ORS 673.605 to 673.740.

[(7)] (6) Engage in dishonesty, fraud or deception relating to the preparation of personal income tax returns.

[(8)] (7) Violate a position of trust, including a position of trust outside the licensee’s professional practice.

SECTION 6. ORS 675.230 is amended to read:

675.230. Any person desiring to be licensed as an occupational therapist or occupational therapy assistant shall apply in writing to the Occupational Therapy Licensing Board[, upon such form and in such manner as shall be] in the form and manner provided [for] by the board. Each application shall include or be accompanied by evidence, [under oath or affirmation] satisfactory to the board, that the applicant possesses the qualifications prescribed in ORS 675.240 for applicants for licensing as an occupational therapist, or in ORS 675.250 for applicants for licensing as an occupational therapy assistant.

SECTION 7. ORS 688.040 is amended to read:

688.040. Any person desiring to be a licensed physical therapist or physical therapist assistant shall apply in writing to the Physical Therapist Licensing Board[, upon such form and in such manner as shall be] in the form and manner provided by the board. Each application shall include or be accompanied by evidence, [under oath or affirmation and] satisfactory to the board, that the applicant possesses the qualifications prescribed by ORS 688.050 (1) to (3) for applicants for licensing as a physical therapist and ORS 688.055 for applicants for licensing as a physical therapist assistant.

SECTION 8. ORS 688.120 is amended to read:

688.120. [No person shall:]

[(1)] A person may not obtain or attempt to obtain a license as a physical therapist or as a physical therapist assistant or a permit under ORS 688.110 by any fraudulent representation.

[(2) Willfully make a false oath or affirmation under ORS 688.040.]

SECTION 9. ORS 688.815 is amended to read:

688.815. (1) An applicant for a license to practice respiratory care shall submit to the Health Licensing Office written evidence[, verified by oath,] that the applicant:

(a) Is at least 18 years of age;

(b) Has completed an approved four-year high school course of study or the equivalent [thereof] as determined by the appropriate educational agency; and

(c) Has completed a respiratory care education program approved by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or their successors or equivalent organizations, as approved by the Respiratory Therapist Licensing Board.

(2) The applicant shall be required to pass an examination, whereupon the agency may issue to the applicant a license to practice respiratory care.

(3) The agency may choose to issue a license to practice respiratory care by [indorsement] endorsement to:

(a) An applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are considered by the agency to be equivalent to those required in this state[.]; or

(b) An applicant holding a credential conferred by the National Board for Respiratory Care as a Certified Respiratory Therapy Technician (CRTT) or as a Registered Respiratory Therapist (RRT), or both, providing [such] the credential has not been suspended or revoked.

SECTION 10. ORS 691.425 is amended to read:

691.425. Any person desiring to be a licensed dietitian shall apply in writing to the Board of Examiners of Licensed Dietitians[, upon such form and in such manner as shall be] in the form and manner provided by the board. Each application shall include or be accompanied by evidence, [under oath or affirmation and] satisfactory to the board, that the applicant possesses the qualifications prescribed by ORS 691.435, 691.445 or 691.455.

SECTION 11. ORS 703.425 is amended to read:

703.425. (1) An application for an investigator’s license must be in writing on a form prescribed by the Oregon Board of Investigators [and signed under oath], stating the applicant’s:

(a) Name;

(b) Birthdate;

(d) Physical description;

(e) Current residence;

(f) Residence for the preceding 10 years;

(g) Current employment;

(h) Employment for the preceding 10 years;

(i) Experience qualifications;

(j) Education;

(k) Business address, which may be a post office box; and

(L) Any other information required by the board.

(2) The application must be accompanied by:

(a) The application fee as prescribed by the board by rule;

(b) Recent photographs of the applicant as prescribed by the board by rule to be used for an identification card and for the files of the board;

(d) Three professional references, none of which may be from a person who is related to the applicant by blood or marriage;

(e) Proof of a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the board may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000. Failure to maintain such security or insurance is grounds for penalties as the board determines or denial of renewal of a license; and

(f) Proof of a passing score on the test of professional investigator competency administered or approved by the board.

(3) All applicants must disclose any acts or crimes constituting grounds for denial of a license under ORS 703.465 and must notify the board when the applicant is charged with a criminal offense. The board must conduct a special review of any applicant making a disclosure under this subsection.

(4) The board shall request criminal offender information from the Department of State Police in the manner required by ORS 703.427.

(5) Employees of or partners in a firm who are covered by the firm’s errors and omissions insurance meet the requirements of subsection (2)(e) of this section as long as the coverage is at least $5,000 per investigator.

SECTION 12. ORS 717.220 is amended to read:

717.220. (1) Each application for a license under ORS 717.200 to 717.320, 717.900 and 717.905 shall be made in writing[, under oath, and] in a form prescribed by rule by the Director of the Department of Consumer and Business Services.

(2) For all applicants, the application shall contain:

(a) The exact name of the applicant, the applicant’s principal address, any fictitious name, assumed business name or trade name used by the applicant in the conduct of its business and the location of the applicant’s business records;

(b) The history of the applicant’s material litigation and criminal convictions for the five-year period prior to the date of the application;

(c) A history of operations and a description of the business activities in which the applicant seeks to be engaged in this state;

(d) A list identifying the applicant’s proposed authorized delegates in the state, if any, at the time of the filing of the license application;

(e) A sample authorized delegate contract, if applicable;

(f) A sample form of payment instrument, if applicable;

(g) The address of each location at which the applicant and its authorized delegates, if any, propose to conduct a money transmission business in this state;

(h) The name and address of the clearing bank or banks on which the applicant’s payment instruments will be drawn or through which such payment instruments will be payable; and

(i) A business plan.

(3) If the applicant is a corporation, the application shall contain:

(a) The date of the applicant’s incorporation and state of incorporation;

(b) A certificate of good standing from the state in which the applicant was incorporated;

(c) A description of the corporate structure of the applicant, including the identity of any parent or subsidiary of the applicant, and the disclosure of whether any parent or subsidiary is publicly traded on any stock exchange;

(d) The name, business and residence address, and employment history for the past five years of the applicant’s executive officers and the officers or managers who will be in charge of the applicant’s money transmission business;

(e) The name, business and residence address, and employment history for the five-year period prior to the date of the application of any controlling shareholder of the applicant;

(f) The history of material litigation and criminal convictions for the five-year period prior to the date of the application of every executive officer or controlling shareholder of the applicant;

(g) A copy of the applicant’s most recent audited financial statement, including balance sheet, statement of income or loss, statement of changes in shareholder equity and statement of changes in financial position and, if available, a copy of the applicant’s audited financial statements for the immediately preceding two-year period. If the applicant is a wholly owned subsidiary of another corporation, the applicant may submit either the parent corporation’s consolidated audited financial statements for the current year and for the immediately preceding two-year period, or the parent corporation’s Form 10K reports filed with the United States Securities and Exchange Commission for the prior three years, in lieu of the applicant’s financial statements. If the applicant is a wholly owned subsidiary of a corporation having its principal place of business outside the United States, similar documentation filed with the parent corporation’s foreign regulator may be submitted to satisfy the requirements of this paragraph; and

(h) Copies of all filings, if any, made by the applicant with the United States Securities and Exchange Commission, or with a similar regulator in a country other than the United States, within the year preceding the date of the application.

(4) If the applicant is not a corporation, the application shall contain:

(a) The name, business and residence address, personal financial statement and employment history for the past five years of each principal of the applicant and the name, business and residence address, and employment history for the past five years of any other person or persons that will be in charge of the applicant’s money transmission business;

(b) The history of material litigation and criminal convictions for the five-year period prior to the date of the application for each individual having any ownership interest in the applicant and each individual who exercises supervisory responsibility with respect to the applicant’s activities; and

(c) Copies of the applicant’s audited financial statements, including balance sheet, statement of income or loss, and statement of changes in financial position, for the current year and, if available, a copy of the applicant’s audited financial statements for the immediately preceding two-year period.

(5) The director, for good cause shown, may waive any requirement of this section with respect to any license application or may allow an applicant to submit substituted information in a license application in lieu of the information required under subsection (2) of this section.

SECTION 13. ORS 725.190 is amended to read:

725.190. (1) On or before February 15 of each year, or on such other date established by the Director of the Department of Consumer and Business Services by rule, every licensee shall file a report with the director. [giving such relevant information as the director may require] The report shall contain relevant information required by the director concerning the business and operations during the preceding calendar year of each licensed place of business conducted by the licensee within the state. The report shall be [made under oath and shall be] in the form prescribed by the director.

(2) Every licensee who fails to file any report required under this chapter within the time specified may be subject to a penalty of $10 per day for each day’s delay.

SECTION 14. ORS 726.130 is amended to read:

726.130. Every pawnbroker, on or before January 15, shall submit to the Director of the Department of Consumer and Business Services an annual report [under oath in such form as may be] in a form prescribed by the director, giving the following information:

(1) The number of pledge loans and total amount outstanding at the beginning of the year.

(2) The number of pledge loans made during the year and the aggregate amount [thereof] of the pledge loans.

(3) The number of pledge loans canceled during the year and the aggregate amount [thereof] of the canceled pledge loans.

(4) The number of pledge loans and total amount outstanding at the close of the year.

(5) Any other information [which may be called for] requested by the director.

SECTION 15. The amendments to ORS 453.665, 646.386, 673.630, 673.635, 673.705, 675.230, 688.040, 688.120, 688.815, 691.425, 703.425, 717.220, 725.190 and 726.130 by sections 1 to 14 of this 2005 Act apply only to applications for certain licenses or registrations made on or after the effective date of this 2005 Act and to annual reports filed on or after the effective date of this 2005 Act.

Approved by the Governor April 7, 2005

Filed in the office of Secretary of State April 8, 2005

Effective date January 1, 2006

__________