USA Statutes : oregon
Title : TITLE 52A INSURANCE AND FINANCE ADMINISTRATION
Chapter : Chapter 705 Department of Consumer and Business Services
(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] (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] 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. (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] (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](1) Except as provided in subsection (3) of this section,
any 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 646.380 to 646.398, 697.005 to 697.095,
697.602 to 697.842, 717.200 to 717.320, 717.900 and 717.905, ORS chapters
59, 722, 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
any private civil action. The Director of the Department of Consumer and
Business Services may use such confidential documents, materials or other
information in administering ORS 646.380 to 646.398, 697.005 to 697.095,
697.602 to 697.842, 717.200 to 717.320, 717.900 and 717.905, ORS chapters
59, 722, 723, 725 and 726, the Bank Act and the Insurance Code and in the
furtherance of any other regulatory or legal action brought as a part of
the director’s duties.

(2) Any 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:

(a) May authorize the sharing of confidential documents, materials
and other information 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 referred to in subsection (1) of this section, in
order to enable the administrative divisions and staff offices to carry
out their functions and responsibilities.

(b) May share documents, materials and other information, including
the confidential documents, materials and 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 its
affiliates or subsidiaries, if the recipient agrees to maintain the
confidentiality of the documents, materials and other information.

(c) May receive documents, materials and other information,
including otherwise confidential documents, materials and other
information, from state, federal, foreign and international regulatory
and law enforcement agencies and from the National Association of
Insurance Commissioners and its affiliates or subsidiaries. The director
shall maintain as confidential as provided in this section any such
document, material or other information received upon notice or with an
understanding that it is confidential or privileged under the laws of the
jurisdiction that is the source of the document, material or other
information.

(4) Neither disclosure of documents, materials or other information
to the director under this section nor the sharing of documents,
materials or other information as authorized in subsection (3) of this
section waives any applicable privilege or claim of confidentiality in
the documents, materials or other information.

(5) This section does not prohibit the director from releasing
final, adjudicated actions, including suspensions or revocations of
certificates of authority or licenses, when the actions are otherwise
open to public inspection, to a database or other clearinghouse service
maintained by the National Association of Insurance Commissioners or its
affiliates or subsidiaries. [2001 c.377 §2](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](Financial Provisions)(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, 446.666 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 446.666 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, 446.666 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 446.280, 455.132,
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](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] 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](1) Except as provided in
ORS 59.255, 59.890, 59.995, 59.996, 645.950 and 697.832, the net amount
accruing to the Department of Consumer and Business Services from all
fees, charges, interest, fines, penalties and miscellaneous revenues from
all sources under ORS chapters 59, 645, 706 to 716, 722, 723, 725 and 726
and ORS 646.382 to 646.398, 650.005 to 650.100, 697.005 to 697.095,
697.602 to 697.842, 705.350 and 717.200 to 717.320 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
chapters 59, 645, 706 to 716, 722, 723, 725 and 726 and ORS 646.382 to
646.398, 650.005 to 650.100, 697.005 to 697.095, 697.602 to 697.842,
705.350 and 717.200 to 717.320.

(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 chapters 59, 645, 706 to 716, 722, 723,
725 and 726 and ORS 646.382 to 646.398, 650.005 to 650.100, 697.005 to
697.095, 697.602 to 697.842 and 717.200 to 717.320 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; 2005 c.755 §54]Note: The amendments to 705.165 by section 3, chapter 319, Oregon
Laws 2001, become operative January 1, 2008. See section 4, chapter 319,
Oregon Laws 2001. The text that is operative on and after January 1,
2008, including amendments by section 55, chapter 755, Oregon Laws 2005,
is set forth for the user’s convenience.

705.165. (1) Except as provided in ORS 59.255, 59.890, 59.995,
59.996 and 645.950, the net amount accruing to the Department of Consumer
and Business Services from all fees, charges, interest, fines, penalties
and miscellaneous revenues from all sources under ORS chapter 645 and ORS
59.005 to 59.451, 59.660 to 59.830, 59.840 to 59.965, 59.991, 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, 59.660 to 59.830, 59.840 to 59.965, 59.991, 59.995,
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,
59.660 to 59.830, 59.840 to 59.965, 59.991, 59.995 and 650.005 to 650.100
shall be transferred to the General Fund and shall become available for
general governmental expenses.(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 18.900, 205.125 and 205.126. [2003 c.578 §2]SECURITIES AND FRANCHISE LAWS; ADMINISTRATIVE PROVISIONSThe 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, 59.660 to 59.830, 59.991, 59.995 and 650.005 to
650.100. [1987 c.414 §71; 1989 c.179 §5](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, 59.660 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, 59.660 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] 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, 59.660 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, 59.660 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] (1) Within
one year after a filing under ORS chapter 645 or ORS 59.005 to 59.451,
59.660 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, 59.660 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](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, 59.660 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] 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, 59.660 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 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](1) The Director of the Department of Consumer and
Business Services shall adopt by rule in a single rulemaking proceeding
one or more schedules of fees to be collected by the director from
banking institutions and out-of-state banking institutions under ORS
706.530, from savings associations under ORS 722.606, from credit unions
under ORS 723.114 and from licensees under ORS 725.185. Any change in a
schedule of fees shall be adopted by rule prior to April 15 of the year
during which the fee will first be collected.

(2) The rule shall provide that the date for payment of the fees
assessed under the schedule or schedules shall be the same for all
institutions assessed.

(3) In setting or changing the schedule or schedules, the director
shall take into consideration:

(a) The amount of all other funds available to the director
collecting the fees under that schedule;

(b) The costs which the director collecting the fees under that
schedule will incur in performing the duties of the director during the
year in question; and

(c) The amount needed by the director collecting the fees under
that schedule to establish and maintain a reasonable emergency fund.
[1987 c.171 §2; 1993 c.264 §§3,3a; 1995 c.192 §1] (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](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 chapters 59, 645, 705, 717, 722,
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 chapters 59,
645, 705, 717, 722, 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 chapters
59, 645, 705, 717, 722, 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](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.

(3) A company organized under the laws of this state to transact
savings and loan business as defined in ORS 722.004 (25) either within or
outside this state shall be organized under ORS chapter 722. [2001 c.315
§44](1) Whenever the Director of the Department of Consumer and
Business Services has reason to believe that a person is violating any
provision of ORS 705.638, 707.005, 707.010 or 722.012, the director:

(a) Shall have access to the premises where that person is
suspected of transacting banking business in violation of ORS 705.638,
707.005, 707.010 or 722.012 or where that 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 that person in order to ascertain whether
or not that person has violated or is violating any provision of ORS
705.638, 707.005, 707.010 or 722.012.

(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 from a court having jurisdiction over the
matter requiring compliance with the provisions of subsection (1) of this
section.

(3) When the director believes, from evidence satisfactory to the
director, that any person is violating the provisions of ORS 705.638,
707.005, 707.010 or 722.012, 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 any order issued by the director pursuant to
paragraph (a) of this subsection.

(4) An order under this section remains in effect until it is
withdrawn by the director or by a court of competent jurisdiction. [2001
c.315 §46](1) Whenever it
appears to the Director of the Department of Consumer and Business
Services that a person has engaged, is engaging or is about to engage in
an act or practice constituting a violation of any of the provisions of
ORS 705.638, 707.005, 707.010 or 722.012 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, 707.010 or 722.012 or such 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 fine the person against whom the order is entered 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 any continuing
violation shall not exceed $100,000. If the court finds that the
defendant has violated any provision of ORS 705.638, 707.005, 707.010 or
722.012 or any 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 shall be turned over to the General
Fund of the State Treasury unless the court requires other disposition.
[2001 c.315 §47]

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