TITLE 52A
INSURANCE AND
FINANCE ADMINISTRATION
Chapter 705. Department of Consumer and Business
Services
_______________
Chapter 705 — Department
of Consumer and Business Services
2011 EDITION
DEPARTMENT OF CONSUMER AND BUSINESS
SERVICES
INSURANCE AND FINANCE ADMINISTRATION
ADMINISTRATION
(Generally)
705.010 Definitions
705.105 Department
of Consumer and Business Services; director; qualifications; confirmation;
Insurance Commissioner; bond or letter of credit; seal
705.115 Department
organization
705.117 Consumer
Advocacy Section
705.125 Deputy
director; subordinate officers and personnel
705.135 Delegation;
rules; employee indebtedness; reporting
705.137 Information
that is confidential or not subject to disclosure; public officer privilege;
permitted uses of confidential information
705.139 Agreements
with other agencies regarding sharing and use of confidential information;
contents
705.141 Criminal
records check; fingerprints required; persons subject to requirement
(Licensing)
705.143 Combined
license processing; rules
(Financial Provisions)
705.145 Consumer
and Business Services Fund; sources; uses; revolving account; assignment of
certain moneys to single account; contracts for state building code training
programs
705.148 Transfers
from Consumer and Business Services Fund to Workers’ Benefit Fund; purpose;
amount; liability limit
705.155 Petty
cash funds
705.165 Disposition
of moneys accruing from department administration and enforcement of certain
laws
705.175 Warrant
for collection of debt owed Department of Consumer and Business Services
(Boards)
705.250 Frequency
of board meetings
SECURITIES AND FRANCHISE LAWS;
ADMINISTRATIVE PROVISIONS
705.300 Records
of actions of director regarding securities, commodity and franchise laws
705.310 Evidentiary
effect of certain records regarding securities, commodities and franchises;
fees
705.320 Certified
documents; effect
705.330 Withdrawal
of certain documents; review; effect
705.340 Access
to director’s and department records regarding securities, commodities and
franchises; rules; accuracy of information
705.350 Fees
for certain documents; rules
FINANCIAL INSTITUTIONS
705.610 Appointment
of financial institution examiners
705.630 Charging
for extra expenses
705.635 Certificate
of approval of certain business registry names filed under ORS 56.023
705.638 “Company”
defined; organization requirements for companies conducting banking business
705.640 Enforcement
authority regarding conduct of banking business; court order; cease and desist
order; civil penalty
705.642 Injunction
authority regarding conduct of banking business; penalty; attorney fees; claims
for restitution, damages or disgorgement of illegal gains
705.005 [1985
c.762 §2; repealed by 1987 c.373 §85]
ADMINISTRATION
(Generally)
705.010 Definitions.
As used in this chapter:
(1)
“Board” means the Workers’ Compensation Board.
(2)
“Department” means the Department of Consumer and Business Services.
(3)
“Director” means the Director of the Department of Consumer and Business
Services. [1987 c.373 §1; 1993 c.744 §9; 1999 c.59 §213]
705.100 [1985
c.762 §3; repealed by 1987 c.373 §85]
705.105 Department of Consumer and
Business Services; director; qualifications; confirmation; Insurance
Commissioner; bond or letter of credit; seal. (1)
The Department of Consumer and Business Services is created.
(2)
The department shall be under the supervision and control of a director who
shall be responsible for the functions of the department.
(3)
Subject to confirmation by the Senate in the manner provided in ORS 171.562 and
171.565, the Governor shall appoint the director, who shall hold office at the
pleasure of the Governor. The person appointed as director shall be well
qualified by training and experience to perform the functions of the office.
(4)
The director shall receive such salary as is provided by law or, if not so
provided, as is fixed by the Governor.
(5)
With respect to the duties, functions and powers imposed upon the director
under the insurance laws, the director may be designated by the title of
Insurance Commissioner or may appoint a person under ORS 705.115 to serve under
the supervision and control of the director as Insurance Commissioner.
(6)
Before entering upon the functions of office, the director shall give to the
state a fidelity bond with one or more corporate sureties authorized to do
business in this state, or an irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008, in either case in the penal sum fixed by
the Governor.
(7)
The department shall have an official seal. Any certificate or other document
or paper executed by the department pursuant to its authority and sealed with
its seal, and all copies of papers certified by it and authenticated by the seal,
shall in all cases be evidence equally and in like manner as the original and
shall have the same force and effect as would the original in any suit or
proceeding in any court in this state. [1987 c.373 §2; 1991 c.331 §108; 1993
c.744 §10; 1997 c.631 §526; 2003 c.802 §179]
705.110 [1985
c.762 §4; repealed by 1987 c.373 §85]
705.115 Department organization.
(1) The Director of the Department of Consumer and Business Services, with the
approval of the Governor, shall organize and reorganize the Department of
Consumer and Business Services in the manner the director considers necessary
to conduct the work of the department properly.
(2)
The functions of the department may be divided into administrative divisions or
staff offices. Each division or office shall be under the supervision of a
person appointed by the director, with the approval of the Governor. The
appointee shall serve at the pleasure of the director, not be subject to the
State Personnel Relations Law and be well qualified by technical training and
experience in the functions the appointee is to perform. [1987 c.373 §4]
705.117 Consumer Advocacy Section.
The Director of the Department of Consumer and Business Services shall
establish within the department a Consumer Advocacy Section not later than
January 1, 1988. [1987 c.774 §152(1)]
Note:
705.117 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 705 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
705.120 [1985
c.762 §5; repealed by 1987 c.373 §85]
705.125 Deputy director; subordinate
officers and personnel. (1) With the approval of the
Governor, the Director of the Department of Consumer and Business Services may
appoint a deputy director who shall serve at the pleasure of the director, not
be subject to the State Personnel Relations Law and have full authority to act
for the director, subject to the control of the director. The appointment of
the deputy director shall be by written order filed with the Secretary of
State.
(2)
Except as provided in ORS 705.115 and subsection (1) of this section, the
director, subject to applicable provisions of the State Personnel Relations
Law, shall appoint all subordinate officers and employees of the Department of
Consumer and Business Services, prescribe their functions and fix their
compensation. [1987 c.373 §5]
705.130 [1985
c.762 §6; repealed by 1987 c.373 §85]
705.135 Delegation; rules; employee
indebtedness; reporting. (1) The Director of the
Department of Consumer and Business Services may delegate any duties, powers
and functions of the director or of the Department of Consumer and Business
Services, under such conditions as the director deems appropriate.
(2)
In accordance with ORS chapter 183, and in addition to other rulemaking
authority prescribed by law, the director may adopt rules for the purpose of
carrying out the functions of the department.
(3)
The director shall adopt rules governing circumstances under which employees or
any category of employees of the department may or may not be or become
indebted to or hold any interest in any entity subject to regulation by the
department. The rules shall provide for reporting any such indebtedness or
interest and for preventing or resolving possible conflicts of interest arising
therefrom. [1987 c.373 §6; 2003 c.802 §180]
705.137 Information that is confidential
or not subject to disclosure; public officer privilege; permitted uses of
confidential information. (1) Except as provided in
subsection (3) of this section, a document, material or other information that
is in the possession or control of the Department of Consumer and Business
Services for the purpose of administering ORS 86A.095 to 86A.198, 86A.990,
86A.992, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900
and 717.905 and ORS chapters 59, 723, 725 and 726, the Bank Act and the
Insurance Code and that is described in statute as confidential or as not
subject to disclosure is not subject to disclosure under ORS 192.410 to
192.505, is not subject to subpoena and is not subject to discovery or
admissible in evidence in a private civil action. The Director of the
Department of Consumer and Business Services may use a confidential document,
material or other information in administering ORS 86A.095 to 86A.198, 86A.990,
86A.992, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900
and 717.905 and ORS chapters 59, 723, 725 and 726, the Bank Act and the
Insurance Code and in furthering a regulatory or legal action brought as a part
of the director’s duties.
(2)
A document, material or other information to which subsection (1) of this
section applies is subject to the public officer privilege described in ORS
40.270.
(3)
In order to assist in the performance of the director’s duties, the director
may:
(a)
Authorize sharing a confidential document, material or other information that
is subject to subsection (1) of this section as appropriate among the
administrative divisions and staff offices of the department created under ORS
705.115 for the purpose of administering and enforcing the statutes identified
in subsection (1) of this section, in order to enable the administrative
divisions and staff offices to carry out the functions and responsibilities of
the administrative divisions and staff offices.
(b)
Share a document, material or other information, including a confidential
document, material or other information that is subject to subsection (1) of
this section or that is otherwise confidential under ORS 192.501 or 192.502,
with other state, federal, foreign and international regulatory and law
enforcement agencies and with the National Association of Insurance
Commissioners and affiliates or subsidiaries of the National Association of Insurance
Commissioners, if the recipient agrees to maintain the confidentiality of the
document, material or other information.
(c)
Receive a document, material or other information, including an otherwise
confidential document, material or other information, from state, federal,
foreign and international regulatory and law enforcement agencies and from the
National Association of Insurance Commissioners and affiliates or subsidiaries
of the National Association of Insurance Commissioners. As provided in this
section, the director shall maintain the confidentiality of documents,
materials or other information received upon notice or with an understanding
that the document, material or other information is confidential or privileged
under the laws of the jurisdiction that is the source of the document, material
or other information.
(4)
Disclosing a document, material or other information to the director under this
section or sharing a document, material or other information as authorized in
subsection (3) of this section does not waive an applicable privilege or claim
of confidentiality in the document, material or other information.
(5)
This section does not prohibit the director from releasing a final, adjudicated
action, including a suspension or revocation of a certificate of authority or a
license if the action is otherwise open to public inspection, to a database or
other clearinghouse service maintained by the National Association of Insurance
Commissioners or affiliates or subsidiaries of the National Association of
Insurance Commissioners. [2001 c.377 §2; 2009 c.541 §24; 2009 c.604 §25]
705.139 Agreements with other agencies
regarding sharing and use of confidential information; contents.
(1) The Director of the Department of Consumer and Business Services may enter
into agreements with other state, federal, foreign and international regulatory
and law enforcement agencies and with the National Association of Insurance
Commissioners and its affiliates or subsidiaries, governing the sharing and use
of information consistent with ORS 705.137.
(2)
An agreement under this section must specify the duration of the agreement, the
purpose of the agreement, the methods that may be employed for terminating the
agreement and any other necessary and proper matters.
(3)
An agreement under this section does not relieve the director of any obligation
or responsibility imposed by law.
(4)
The director may expend funds of the Department of Consumer and Business
Services and may supply services for the purpose of carrying out an agreement
under this section.
(5)
Agreements under this section are exempt from ORS 190.410 to 190.440 and
190.480 to 190.490. [2001 c.377 §3]
705.140 [1985
c.762 §6a; repealed by 1987 c.373 §85]
705.141 Criminal records check;
fingerprints required; persons subject to requirement.
For the purpose of requesting a state or nationwide criminal records check
under ORS 181.534, the Department of Consumer and Business Services may require
the fingerprints of a person who is applying for a license, or renewal of a
license, under ORS 744.001, 744.059 or 744.326 or a person who:
(1)(a)
Is employed or applying for employment by the department; or
(b)
Provides services or seeks to provide services to the department as a
contractor, vendor or volunteer; and
(2)
Is, or will be, working or providing services in a position:
(a)
In which the person is providing information technology services and has
control over, or access to, information technology systems that would allow the
person to harm the information technology systems or the information contained
in the systems;
(b)
In which the person has access to information that state or federal laws, rules
or regulations prohibit disclosing or define as confidential;
(c)
That has payroll functions or in which the person has responsibility for
receiving, receipting or depositing money or negotiable instruments, for
billing, collections or other financial transactions or for purchasing or
selling property or has access to property held in trust or to private property
in the temporary custody of the state;
(d)
That has mailroom duties as a primary duty or job function;
(e)
In which the person has responsibility for auditing the department;
(f)
That has personnel or human resources functions as a primary responsibility;
(g)
In which the person has access to Social Security numbers, dates of birth or
criminal background information of employees or members of the public; or
(h)
In which the person has access to tax or financial information about
individuals or business entities. [2007 c.619 §1; 2010 c.87 §10; 2011 c.447 §21]
Note:
705.141 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 705 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Licensing)
705.143 Combined license processing;
rules. (1) The Department of Consumer and
Business Services may establish one or more combined license processing
programs. Participation in a combined license processing program by a state
agency is voluntary. Notwithstanding any other provision of law, agencies
participating in a combined license processing program may:
(a)
Use combined license applications;
(b)
Adopt standardized license terms under subsection (2) of this section;
(c)
Charge adjusted license fees established under subsection (2) of this section;
(d)
Issue combined license documents; and
(e)
Take any other action authorized under rules adopted pursuant to subsection (3)
of this section that provides a simplified procedure for processing licenses
issued pursuant to the program.
(2)
Notwithstanding any other provision of law, the Department of Consumer and
Business Services may establish a standardized term for licenses of state
agencies participating in a combined license processing program. If the
department establishes a standardized term under the provisions of this
subsection, the agencies participating in the program shall adjust the fees
established by statute for each license in an appropriate manner to ensure that
there is no revenue loss by reason of the change in the term of the license.
(3)
The Department of Consumer and Business Services may adopt rules necessary for
implementation of combined license processing programs. Any agency participating
in a combined license processing program may:
(a)
Agree to be bound by the rules adopted by the Department of Consumer and
Business Services; and
(b)
Adopt any other rules necessary for participation in a combined license
processing program. [2005 c.73 §1; 2007 c.768 §59]
Note:
705.143 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 705 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Financial Provisions)
705.145 Consumer and Business Services
Fund; sources; uses; revolving account; assignment of certain moneys to single
account; contracts for state building code training programs.
(1) There is created in the State Treasury a fund to be known as the Consumer
and Business Services Fund, separate and distinct from the General Fund. All
moneys collected or received by the Department of Consumer and Business
Services, except moneys collected pursuant to ORS 735.612 and those moneys
required to be paid into the Workers’ Benefit Fund, shall be paid into the
State Treasury and credited to the Consumer and Business Services Fund. Moneys
in the fund may be invested in the same manner as other state moneys and any
interest earned shall be credited to the fund.
(2)
The department shall keep a record of all moneys deposited in the Consumer and
Business Services Fund that shall indicate, by separate account, the source
from which the moneys are derived, the interest earned and the activity or
program against which any withdrawal is charged.
(3)
If moneys credited to any one account are withdrawn, transferred or otherwise
used for purposes other than the program or activity for which the account is
established, interest shall accrue on the amount withdrawn from the date of
withdrawal and until such funds are restored.
(4)
Moneys in the fund are continuously appropriated to the department for its
administrative expenses and for its expenses in carrying out its functions and
duties under any provision of law.
(5)
Except as provided in ORS 705.165, it is the intention of the Legislative
Assembly that the performance of the various duties and functions of the
department in connection with each of its programs shall be financed by the
fees, assessments and charges established and collected in connection with
those programs.
(6)
There is created by transfer from the Consumer and Business Services Fund a
revolving administrative account in the amount of $100,000. The revolving
account shall be disbursed by checks or orders issued by the director or the
Workers’ Compensation Board and drawn upon the State Treasury, to carry on the
duties and functions of the department and the board. All checks or orders paid
from the revolving account shall be reimbursed by a warrant drawn in favor of
the department charged against the Consumer and Business Services Fund and
recorded in the appropriate subsidiary record.
(7)
For the purposes of ORS chapter 656, the revolving account created pursuant to
subsection (6) of this section may also be used to:
(a)
Pay compensation benefits; and
(b)
Refund to employers amounts paid to the Consumer and Business Services Fund in
excess of the amounts required by ORS chapter 656.
(8)
Notwithstanding subsections (2), (3) and (5) of this section and except as
provided in ORS 455.220 (1), the moneys derived pursuant to ORS 446.003 to
446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646,
446.661 to 446.756 and 455.220 (1) and deposited to the fund, interest earned
on those moneys and withdrawals of moneys for activities or programs under ORS
446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420, 446.566 to
446.646 and 446.661 to 446.756, or education and training programs pertaining
thereto, must be assigned to a single account within the fund.
(9)
Notwithstanding subsections (2), (3) and (5) of this section, the moneys
derived pursuant to ORS 455.240 or 460.370 or from state building code or
specialty code program fees for which the amount is established by department
rule pursuant to ORS 455.020 (2) and deposited to the fund, interest earned on
those moneys and withdrawals of moneys for activities or programs described
under ORS 455.240 or 446.566 to 446.646, 446.661 to 446.756 and 460.310 to
460.370, structural or mechanical specialty code programs or activities for
which a fee is collected under ORS 455.020 (2), or programs described under
subsection (10) of this section that provide training and education for persons
employed in producing, selling, installing, delivering or inspecting
manufactured structures or manufactured dwelling parks or recreation parks,
must be assigned to a single account within the fund.
(10)
Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A and 279B, the
department may, after consultation with the appropriate specialty code advisory
boards established under ORS 455.132, 455.135, 455.138, 480.535 and 693.115,
contract for public or private parties to develop or provide training and
education programs relating to the state building code and associated licensing
or certification programs. [1987 c.373 §17; 1989 c.711 §6; 1993 c.744 §11; 1995
c.641 §16; 1999 c.518 §1; 2001 c.319 §1; 2001 c.710 §13; 2003 c.655 §84a; 2003
c.675 §47; 2003 c.794 §322; 2005 c.755 §53; 2009 c.567 §35]
705.148 Transfers from Consumer and
Business Services Fund to Workers’ Benefit Fund; purpose; amount; liability
limit. (1) The Director of the Department of
Consumer and Business Services shall transfer workers’ compensation premium assessment
revenue from the Consumer and Business Services Fund to the Workers’ Benefit
Fund to finance the cost of carrying out the provisions of ORS 656.054 and
656.735 and section 15, chapter 600, Oregon Laws 1985.
(2)
The amount of total transfers during any one year shall be limited to an amount
that will produce an ending cash balance approximating six months of projected
expenditures in the Workers’ Benefit Fund in regard to its functions under ORS
656.054 and 656.735 and section 15, chapter 600, Oregon Laws 1985.
(3)
The transfers may be conducted annually, quarterly or monthly. Total annual
transfers shall comply with subsection (2) of this section.
(4)
The department’s funded liability for claims costs pursuant to ORS 656.054 and
656.735 and section 15, chapter 600, Oregon Laws 1985, shall be limited to the
amount of moneys included in the transfers determined by the director to be
available for these purposes. [1995 c.641 §27]
705.150 [1985
c.762 §7; repealed by 1987 c.373 §85]
705.155 Petty cash funds.
The Director of the Department of Consumer and Business Services and the
Workers’ Compensation Board may in their discretion establish and maintain
petty cash funds for the purpose of making change and paying other petty
incidental expenses in the administration of the functions of the Department of
Consumer and Business Services and the board. [1987 c.373 §19]
705.160 [1985
c.762 §8; repealed by 1987 c.373 §85]
705.165 Disposition of moneys accruing
from department administration and enforcement of certain laws.
(1) Except as provided in ORS 59.255, 59.995, 86A.130, 86A.992 and 645.950, the
net amount accruing to the Department of Consumer and Business Services from
all fees, charges, interest, penalties and miscellaneous revenues from all sources
under ORS chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830, 59.991,
86A.095 to 86A.198, 650.005 to 650.100 and 705.350 shall, after deduction of
refunds, be paid over to the State Treasurer and deposited in a separate
subaccount in the Consumer and Business Services Fund created under ORS 705.145
at least monthly and may be used only for the expenses of the department in
carrying out its functions and duties under ORS chapter 645 and ORS 59.005 to
59.451, 59.710 to 59.830, 59.991, 59.995, 86A.095 to 86A.198, 650.005 to
650.100 and 705.350.
(2)
Any amount deposited in the separate subaccount in the Consumer and Business
Services Fund as provided in subsection (1) of this section that at the end of
each quarter is determined by the Director of the Department of Consumer and
Business Services to be in excess of the amount needed to administer ORS
chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830, 59.991, 59.995, 86A.095
to 86A.198 and 650.005 to 650.100 shall be transferred to the General Fund and
shall become available for general governmental expenses. [1987 c.414 §143;
1989 c.473 §1; 1993 c.508 §43; 1993 c.744 §12; 1995 c.79 §353; 2001 c.319 §§2,3;
2005 c.755 §§54,55; 2011 c.597 §286]
705.170 [1985
c.762 §9; repealed by 1987 c.373 §85]
705.175 Warrant for collection of debt
owed Department of Consumer and Business Services.
(1) If any amount due the Department of Consumer and Business Services is not
paid within 30 days of the date payment becomes due, and no provision has been
made to secure the payment, the department may issue a warrant. The warrant may
be filed with the county clerk of any county in this state and recorded in the
County Clerk Lien Record of the county in which it is filed. The amount of a
warrant issued under this section shall include the principal amount of the
debt, any added interest accumulated pursuant to ORS 82.010 or other applicable
law and any costs associated with the recording, indexing and serving of the
warrant and any satisfaction or release thereof. A copy of the warrant shall be
mailed to the debtor by the department at the last known address of the debtor.
(2)
After receiving the warrant, the county clerk shall enter the warrant in the
County Clerk Lien Record in the manner described in ORS 205.125. The warrant
shall have the effect described in this section and ORS 205.125 and 205.126 and
may be enforced as provided in this section and ORS 18.854, 205.125 and
205.126. [2003 c.578 §2]
705.180 [1985
c.762 §§10,10a; repealed by 1987 c.373 §85]
705.190 [1985
c.762 §13; repealed by 1987 c.373 §85]
705.200 [1985
c.762 §12; repealed by 1987 c.373 §85]
705.210 [1985
c.762 §13a; repealed by 1987 c.373 §85]
705.220 [1985
c.762 §13b; repealed by 1987 c.373 §85]
705.230 [1985
c.762 §14; repealed by 1987 c.373 §85]
705.240 [1985
c.762 §15; repealed by 1987 c.373 §85]
(Boards)
705.250 Frequency of board meetings.
(1) The Electrical and Elevator Board established in ORS 455.138, the Board of
Boiler Rules established in ORS 480.535 and the State Plumbing Board
established in ORS 693.115 shall each meet at least four times per year at
times and places specified by the Director of the Department of Consumer and
Business Services after consultation with the board, or at times and places
specified by the call of a majority of the members of the board after
consultation with the director.
(2)
The Building Codes Structures Board established in ORS 455.132, the Residential
and Manufactured Structures Board established in ORS 455.135, the Mechanical
Board established in ORS 455.140 and the Construction Industry Energy Board
established in ORS 455.492 shall each meet at least twice per year at times and
places specified by the Director of the Department of Consumer and Business
Services after consultation with the board, or at times and places specified by
the call of a majority of the members of the board after consultation with the
director. [2011 c.272 §20]
Note:
705.250 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 705 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
SECURITIES AND FRANCHISE LAWS;
ADMINISTRATIVE PROVISIONS
705.300 Records of actions of director
regarding securities, commodity and franchise laws.
The Director of the Department of Consumer and Business Services shall keep
books, as records of office, showing all acts, matters and things done by the
director under ORS chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830,
59.991, 59.995 and 650.005 to 650.100. [1987 c.414 §71; 1989 c.179 §5]
705.310 Evidentiary effect of certain
records regarding securities, commodities and franchises; fees.
(1) Copies of all records and papers of the Department of Consumer and Business
Services relating to duties, functions and powers of the Director of the
Department of Consumer and Business Services and the department under ORS
chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830, 59.991, 59.995 and
650.005 to 650.100, certified by the director, shall be received in evidence in
all cases equally and with like effect as the original.
(2)
The department shall collect a fee as set by rule for making copies of any
document filed in the department and relating to the duties, functions and
powers of the director under ORS chapter 645 and ORS 59.005 to 59.451, 59.710
to 59.830, 59.991, 59.995 and 650.005 to 650.100. For certifying the document
it shall collect, in addition, a fee of $2. [1987 c.414 §72; 1989 c.179 §6]
705.320 Certified documents; effect.
When certified by the Director of the Department of Consumer and Business
Services, all certificates issued by the director and all copies of documents
filed in the Department of Consumer and Business Services that relate to the
duties, functions and powers of the director under ORS chapter 645 and ORS
59.005 to 59.451, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100 shall
be taken and received in all courts, public offices and official bodies of this
state as prima facie evidence of the facts stated in the certificates or
documents. A certificate by the director as to the compliance or noncompliance
of the document with provisions of ORS chapter 645 or ORS 59.005 to 59.451,
59.710 to 59.830, 59.991, 59.995 or 650.005 to 650.100, or as to the existence
or nonexistence of the facts relating to the matters contained in the documents
that would appear from the presence or absence of documents filed in the
department, shall be taken and received in all courts, public offices and
official bodies of this state as prima facie evidence of the existence or
nonexistence of the facts stated in the certificates or documents. [1987 c.414 §75;
1989 c.179 §7]
705.330 Withdrawal of certain documents;
review; effect. (1) Within one year after a
filing under ORS chapter 645 or ORS 59.005 to 59.451, 59.710 to 59.830, 59.991,
59.995 or 650.005 to 650.100, the Director of the Department of Consumer and
Business Services may withdraw from filing any document filed by the director
when the person who submitted the document advises the Department of Consumer
and Business Services that the document was submitted prematurely or by
inadvertence or mistake. The person requesting the withdrawal shall accompany
the request with a written statement reflecting the basis of the person’s
authority to initiate the withdrawal.
(2)
The director may withdraw without notice or hearing a certificate that the
director has issued or a document that the director has filed under ORS chapter
645 or ORS 59.005 to 59.451, 59.710 to 59.830, 59.991, 59.995 or 650.005 to
650.100 when the fee was paid with a check that was returned to the department
for lack of sufficient funds. Such withdrawal shall be retroactive to the date
of filing.
(3)
Any decision under this section may be reviewed in accordance with the
provisions of ORS chapter 183.
(4)
A withdrawal from filing of a document under this section is retroactive to the
date of the filing but shall not relieve a person of any liability the person
may have incurred while the document was filed with the department. The
director is not required to refund any fees paid in conjunction with the
document withdrawn. [1987 c.414 §73; 1989 c.179 §8]
705.340 Access to director’s and
department records regarding securities, commodities and franchises; rules;
accuracy of information. (1) The Director of the
Department of Consumer and Business Services by rule shall adopt a schedule
establishing priority of access among members of the general public,
governmental agencies and other persons to records of the director and the
Department of Consumer and Business Services relating to the duties, functions
and powers under ORS chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830,
59.991, 59.995 and 650.005 to 650.100 for use at times that the director finds
that demands for access to the records and to the time and resources of the
director and the department cannot be satisfied readily.
(2)
The director shall not be responsible for the accuracy of information contained
in the records and provided under this section or ORS 192.410 to 192.505. [1987
c.414 §74; 1989 c.179 §9]
705.350 Fees for certain documents; rules.
Notwithstanding ORS 192.410 to 192.505, the Director of the Department of
Consumer and Business Services shall establish by rule reasonable fees for the
following that relate to the duties, functions and powers of the director under
ORS chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830, 59.991, 59.995 and
650.005 to 650.100:
(1)
Computer generated lists on paper and electronic data processing media;
(2)
Terminal access to the files of the Department of Consumer and Business
Services;
(3)
Microfilm records of the files of the department; and
(4)
Copies of the programs and files on paper or electronic data processing media. [1987
c.414 §76; 1989 c.179 §10]
FINANCIAL INSTITUTIONS
705.500 [1987
c.94 §113; repealed by 1997 c.631 §567]
705.510 [1987
c.94 §114; repealed by 1997 c.631 §567]
705.600 [1987
c.491 §2; 1989 c.310 §1; 1993 c.18 §154; 1993 c.229 §25; 1993 c.318 §14;
repealed by 1997 c.631 §567]
705.610 Appointment of financial
institution examiners. The Director of the Department
of Consumer and Business Services shall appoint examiners to conduct, as
required by law, all examinations of entities subject to ORS chapters 706 to
725. [1987 c.373 §20]
705.620 [1987
c.171 §2; 1993 c.264 §§3,3a; 1995 c.192 §1; repealed by 2009 c.541 §49]
705.630 Charging for extra expenses.
(1) When the Department of Consumer and Business Services incurs extra expenses
in performing its functions and the Director of the Department of Consumer and
Business Services determines that the expenses are incurred for the primary
benefit of another person, the director may charge and collect from the person
an amount equal to the reasonable actual extra expenses incurred. The director
shall notify the person of the amounts to be charged either before the expenses
are incurred or as soon as practicable after the director determines that
amounts incurred should be charged under this section.
(2)
A person who is charged an amount under this section may request a contested
case hearing before the director for review of the charge. [1987 c.309 §2]
705.635 Certificate of approval of certain
business registry names filed under ORS 56.023.
(1) A person may submit a written request for a certificate from the Director
of the Department of Consumer and Business Services for purposes of complying
with the provisions of ORS 56.023. The request shall provide such information
as the director may require by rule or order.
(2)
Upon receiving a request for a certificate under subsection (1) of this
section, the director shall within 10 business days determine whether the
requested name and intended activity are in compliance with the provisions of
the Bank Act and ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters
59, 645, 705, 717, 725 and 726.
(3)(a)
If the director determines that use of the requested name or intended activity
is in compliance with the Bank Act and ORS 86A.095 to 86A.198, 86A.990 and
86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726, the director shall
issue a written certificate.
(b)
If the director determines that use of the requested name or intended activity
is not in compliance with the Bank Act and ORS 86A.095 to 86A.198, 86A.990 and
86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726, the director shall
promptly notify the requester in writing, who may:
(A)
Amend the name or activity and submit a written request to the director for
reconsideration; or
(B)
Request that the director conduct an administrative hearing. The hearing shall
be conducted as a contested case hearing pursuant to ORS chapter 183. [2001
c.315 §45; 2009 c.541 §25]
705.638 “Company” defined; organization
requirements for companies conducting banking business.
(1) For purposes of this section, “company” means a corporation, nonprofit
corporation, cooperative, limited liability company, partnership, limited
liability partnership, limited partnership, business trust, association or
other business entity.
(2)
A company organized under the laws of this state for the purposes of conducting
a banking business as defined in ORS 706.005 (6) either within or outside this
state shall be organized under ORS chapter 707. [2001 c.315 §44; 2009 c.541 §26]
705.640 Enforcement authority regarding
conduct of banking business; court order; cease and desist order; civil
penalty. (1) Whenever the Director of the
Department of Consumer and Business Services has reason to believe that a
person is violating a provision of ORS 705.638, 707.005 or 707.010, the
director:
(a)
Shall have access to the premises where the person is suspected of transacting
banking business in violation of ORS 705.638, 707.005 or 707.010 or where the
person may have books, accounts and records; and
(b)
Shall have the power to examine, copy or take possession of the books, accounts
and records of the person in order to ascertain whether or not the person has
violated or is violating any provision of ORS 705.638, 707.005 or 707.010.
(2)
If a person refuses to grant access to the premises or refuses to comply with
the provisions of subsection (1) of this section, the director may apply for an
order to require compliance with the provisions of subsection (1) of this
section from a court that has jurisdiction over the matter.
(3)
When the director believes, from evidence satisfactory to the director, that a
person is violating the provisions of ORS 705.638, 707.005 or 707.010, the
director may:
(a)
Issue an order finding the person in violation, directing the person to cease
and desist from the violation and assessing a penalty equal to the costs of
investigation plus $1,000, but not exceeding $5,000; and
(b)
Publish notice of an order issued by the director pursuant to paragraph (a) of
this subsection.
(4)
An order under this section remains in effect until the director or a court
withdraws the order. [2001 c.315 §46; 2009 c.541 §27]
705.642 Injunction authority regarding
conduct of banking business; penalty; attorney fees; claims for restitution,
damages or disgorgement of illegal gains. (1)
Whenever the Director of the Department of Consumer and Business Services
determines that a person has engaged, is engaging or is about to engage in an
act or practice constituting a violation of a provision of ORS 705.638, 707.005
or 707.010 or any rule or order of the director, the director may bring suit in
the name of or on behalf of the State of Oregon in the circuit court of any
county of this state to enjoin the acts or practices and to enforce compliance
with the provisions of ORS 705.638, 707.005 or 707.010 or the rule or order.
Upon a proper showing, the court shall grant a permanent or temporary
injunction, restraining order or writ of mandamus. The court may impose a
penalty against the person of not more than $20,000 for each violation, which
shall be entered as a judgment and paid to the General Fund of the State
Treasury. Each violation is a separate offense. In the case of a continuing
violation, each day’s continuance is a separate violation, but the maximum penalty
for a continuing violation may not exceed $100,000. If the court finds that the
defendant has violated a provision of ORS 705.638, 707.005 or 707.010 or a rule
or order, the court may appoint a receiver, who may be the director, for the
defendant or the defendant’s assets. The court may not require the director to
post a bond. The court may award reasonable attorney fees to the director if
the director prevails in an action under this section. The court may award
reasonable attorney fees to a defendant who prevails in an action under this
section if the court determines that the director had no objectively reasonable
basis for asserting the claim or no reasonable basis for appealing an adverse
decision of the trial court.
(2)
The director may include either of the following in any action authorized by
subsection (1) of this section:
(a)
A claim for restitution or damages on behalf of the
persons injured by the act or practice constituting the subject matter of the
action. The court shall have jurisdiction to award appropriate relief to such
persons, if the court finds that enforcement of the rights of such persons by
private civil action, whether by class action or otherwise, would be so
burdensome or expensive as to be impractical.
(b)
A claim for disgorgement of illegal gains or profits derived. Any recovery
under this paragraph must be turned over to the General Fund of the State
Treasury unless the court requires another disposition. [2001 c.315 §47; 2009
c.541 §28; 2011 c.597 §287]
705.700 [1999
c.1082 §1; renumbered 455.840 in 2001]
705.705 [1999
c.1082 §3; renumbered 455.842 in 2001]
705.710 [1999
c.1082 §4; renumbered 455.844 in 2001]
705.715 [1999
c.1082 §5; renumbered 455.846 in 2001]
705.720 [1999
c.1082 §7; renumbered 455.848 in 2001]
705.730 [2001
c.165 §1; repealed by 2005 c.118 §1]
705.732 [2001
c.165 §2; repealed by 2005 c.118 §1]
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