Oregon Administrative Code

137-009-0147 Solicitation to Engage a Contractor to Provide Legal Services within a Designated Practice Area The Department may use a Solicitation to request proposals to provide legal services within a Designated Practice Area: (1) The Department may provide notice of the Solici…

137-009-0150 Solicitation to Engage a Contractor to Provide Legal Services for a Specific Matter The Department may use a Solicitation to request proposals to provide legal services on a specific matter: (1) The Department may provide notice of the Solicitation in any manner the …

137-009-0155 Criteria for Selection of Contractor under OAR 137-009-0145, 137-009-0147, and 137-009-0150 (1) If the Department decides to select a Contractor from a list of individuals or entities developed pursuant to OAR 137-009-0145, or from among the proposers to a Solicitati…

137-009-0160 Direct Negotiation and Contracting (1) The Department may directly negotiate and enter into contracts with Contractors to provide legal services without following the procedures set forth in OAR 137-009-0145 through 137-009-0155 in the following circumstances: (a) Th…

137-009-0165 Repealed Rules As required by Or Laws 2003, chapter 794, section 334, OAR 137-009-0000, 137-009-0005, 137-009-0010, 137-009-0045, 137-009-0060, 137-009-0065, 137-009-0100 and 137-009-0120 are repealed. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(…

137-010-0005 General Registration (1) Charitable organizations, including trustees of charitable remainder trusts, which hold property for charitable purposes over which the State or the Attorney General has enforcement or supervisory power are required to register with the Chari…

137-010-0010 Contents of General Registration Statement Every registration statement filed pursuant to the general registration and reporting provisions of ORS Chapter 128 shall set forth in detail the following information to the extent requested by the Attorney General: (1) Nam…

137-010-0015 General Reporting Requirements (1) Charitable organizations required to register under OAR 137-010-0005 shall submit annual reports to the Charitable Activities Section of the office of the Attorney General. (2) Charitable organizations are not required to complete a…

137-010-0020 Contents of Annual Reports (1) A complete annual report for a charitable organization incorporated, headquartered, or organized in a state other than Oregon, including outside of the United States, shall include a completed Attorney General's form CT-12F. (2) A compl…

137-010-0025 Reporting Period (1) Annual reports required by ORS Chapter 128 shall be on a calendar or fiscal year basis selected by the charitable organization, but such fiscal year must coincide with the reporting period used by the organization on returns prepared for the Inte…

137-010-0030 Payment of Fees (1) Payment of Fees. Each charitable organization filing a report required by this Act shall pay to the Department of Justice, with each such report, a fee based in part on the total amount of the organization’s income and receipts during the period c…

137-010-0032 Disqualification Orders Pursuant to ORS 128.760, the Attorney General may issue an order disqualifying a charitable organization from receiving contributions that are deductible as charitable donations for the purpose of Oregon income tax and corporate excise tax if …

137-010-0033 Imposition of Civil Penalty (1) In addition to any other action allowed by law, the Attorney General may impose a civil penalty of not more than $2,000 in connection with any violation of ORS 128.610 to 128.769 or related rules, including but not limited to: (a) Fail…

137-010-0034 Mitigating and Aggravating Factors to be Considered In establishing the amount of any civil penalty to be imposed, the Attorney General may consider the following factors and shall cite those found applicable: (1) The past history of the charitable organization or ch…

137-010-0040 Place of Filing Registration and annual reports required under ORS Chapter 128 shall be submitted to the Charitable Activities Section, Oregon Department of Justice, 1515 S.W. 5th, Suite 410, Portland, Oregon 97201-5451. Statutory/Other Authority: ORS 128.876 Statute…

137-010-0041 Model APA Rules and Definitions (1) The Attorney General's Model Rules of Procedure Under the Administrative Procedures Act, effective March 2015, are by this reference adopted as the rules and procedures for carrying out the applicable administrative provisions of t…

137-010-0043 Denial of Registration or Revocation of Registration of Commercial Fund Raising Firm or Professional Fund Raising Firm (1) After notice and opportunity for hearing as provided in ORS 183.310 et seq., the Attorney General may deny registration or revoke any registrati…

137-010-0044 Refund of Fees Any refund of $10 or less of a filing fee paid pursuant to the Charitable Solicitations Act or the Charitable Trust and Corporation Act shall be made only upon a written request from a representative of the organization which overpaid the fee. Unless t…

137-010-0045 Professional Fund Raising Firm Status (1) “Professional fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or as a nonprofit mutual benefit corporation, who, for compensation or other considerati…

137-010-0050 Professional Fund Raising Firm Registration and Reports (1) Any person required by Section 17, Chapter 532, Oregon Laws 1991 to register as a professional fund raising firm shall pay an annual registration fee as provided in that section and shall complete and file F…

137-010-0055 Commercial Fund Raising Firm Registration and Reports (1) Any person required by ORS 128.821 to register as a commercial fund raising firm shall pay an annual registration fee as provided in 128.821 and shall complete and file Form PF-10, “State of Oregon Annual Regi…

137-015-0005 Transfer of Nonprofit Hospital Assets The party to whom a hospital transfer is to be made, as described in ORS 65.803(1), shall pay to the Attorney General an application fee, which shall accompany the application, for costs in reviewing and evaluating the proposed t…

137-015-0010 Amendment of the Hospital Transfer Order Pursuant to ORS 65.809(2), the Attorney General may approve a proposed hospital transaction with conditions. In the event the party to whom the transfer is made determines that, due to unforeseen circumstances, the conditions …

137-020-0010 Trade Practices Act (1) Purpose: It is the purpose of this rule to declare as an unlawful trade practice certain representations relating to price reductions. (2) Scope: At present, it is unlawful under ORS 646.608(1)(j) to make “false or misleading representations o…

137-020-0015 Misleading Use of "Free" Offers and Rebates (1) Definitions: As used in this rule: (a) The definitions of terms set forth in ORS 646.605 and OAR 137-020-0020 are applicable; (b) “Free” means without charge or cost, monetary or otherwise, to the recipient and includes…

137-020-0020 Motor Vehicle Price and Sales Disclosure (1) Purpose: The purpose of this rule is to declare as unfair or deceptive in trade or commerce certain motor vehicle pricing and sales practices. Nothing in this rule, or the administrative rules to which it applies, modifies…

137-020-0025 Mobile Home Consignment (1) Purpose: The purpose of this rule is to declare as unfair or deceptive in trade or commerce the practice of selling mobile homes on consignment without complying with this rule. (2) Authority: This rule is adopted pursuant to ORS Chapter 1…

137-020-0030 Updating (1) Purpose: It is the purpose of this rule to define as an unfair trade practice the failure to disclose the year in which a motor vehicle or motor vehicle chassis was actually manufactured. (2) Authority: This rule is adopted pursuant to ORS Chapter 183 on…

137-020-0040 Adoption of FTC Used Car Rule, Federal Truth-in-Lending Act, and Federal Consumer Leasing Law (1) For purposes of this rule, the following definitions shall apply: (a) “Truth-in-Lending Act” means the Federal Truth-in-Lending Act, as amended and in effect as of Janua…

137-020-0050 Motor Vehicle Advertising (1) For purposes of this rule, the definitions specified in OAR 137-020-0020 shall apply. (2) Violations: It is unfair or deceptive in trade or commerce for any person to advertise motor vehicles if: (a) Trade-in Value — The advertisement fo…

137-020-0100 Plain Language (1) Definitions: For purposes of this rule: (a) “Department” is defined as Oregon Department of Justice; (b) “Consumer Contract” is defined in ORS 180.540(3) and does not include contracts which state agencies other than the Department may review under…

137-020-0150 Gasoline Price Advertising (1) Definitions: For the purposes of OAR 137-020-0150 to 137-020-0160 the following definitions apply: (a) “Clear and conspicuous” means in a form that is readily visible to and easily readable by a customer or potential customer who would …

137-020-0160 Sales Practices (1) A retailer may not limit the price advertised for a particular grade of motor vehicle fuel to a customer purchasing or receiving goods or services in addition to the motor vehicle fuel except for full services. For purposes of this rule, a custome…

137-020-0200 Definitions For purposes of OAR 137-020-0200 through 137-020-0203: (1) “Telephonic Seller” applies to all persons required to register with the Oregon Department of Justice pursuant to ORS 646.551 through 646.565. (2) “Doing Business in This State” means making telep…

137-020-0201 Registration (1) Not less than ten days prior to doing business in this state, a telephonic seller shall register with the Department of Justice by filing the information required by OAR 137-020-0202 and a filing fee of $400. A seller shall be deemed to do business i…

137-020-0202 Filing Information Each filing pursuant to OAR 137-020-0201(1) through (5) shall contain the following information: (1) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the seller’s, and …

137-020-0203 Information to Be Provided Each Prospective Purchaser In addition to complying with the requirements of OAR 137-020-0202, as applicable, each telephonic seller, shall, at the time the solicitation is made and prior to consummation of any sales transaction, provide al…

137-020-0205 Refusal to Issue or Renew Registration; Revocation or Suspension of Registration (1) The Department may refuse to issue or renew a registration to a telephonic seller or may revoke or suspend the registration of a telephonic seller upon a finding of any of the causes…

137-020-0250 Loan Brokers and Misleading Activities (1) Definitions: As used in this rule: (a) The definitions of terms set forth in ORS 646.605 are applicable; (b) “Advance Fee” means any consideration which is assessed or collected, prior to the closing of a loan, by a loan bro…

137-020-0261 Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods It is unfair and deceptive for an advertiser or seller to represent that a good that is or may be obtained primarily for personal, family or household purposes will prevent, treat…

137-020-0300 Unordered Real Estate, Goods, or Services (1) As used in OAR 137-020-0300: (a) “Goods” includes real estate and services; (b) “Mistake” means unintentionally providing or sending goods to consumers; (c) “Person” includes individual, corporation, partnership, associat…

137-020-0410 Definitions and Exemptions (1) Purpose: The purpose of OAR 137-020-0410 to 137-020-0440 is to declare as unfair or deceptive in trade or commerce certain practices in promotions. (2) Authority: OAR 137-020-0410 to 137-020-0440 are adopted pursuant to ORS Chapter 183 …

137-020-0420 Rules of Unique Application to Contests It is unfair or deceptive in trade or commerce for a sponsor to advertise or solicit any person to participate in any contest which requires a person to pay money or make a donation or creates the impression in a reasonable per…

137-020-0430 Rules of Unique Application to Sweepstakes It is unfair or deceptive in trade or commerce for a sponsor to advertise or solicit any sweepstakes unless there is a clear and conspicuous disclosure of: (1) The statement of odds of winning in arabic numerals; provided th…

137-020-0440 Prohibitions Applicable to All Promotions (Including Schemes, Sweepstakes, and Contest) It is unfair or deceptive in trade or commerce for a sponsor to advertise or solicit for a promotion if the sponsor: (1) Misleads a person as to the source of the promotion. This …

137-020-0460 Requests for Removal from Sweepstakes Promotion Mailing List; Additions to List of Persons to Whom Sweepstakes Promotions May Not Be Mailed (1) Definitions. For purposes of this rule: (a) “Department” means the Oregon Department of Justice. (b) “Removal request” mean…

137-020-0505 Manufactured Dwelling Rules (1) Purpose: The purpose of these rules is to declare as unfair or deceptive in trade or commerce certain practices involving the sale of manufactured dwellings; to set out disclosures that must be included in the manufactured dwelling pur…

137-020-0520 Definitions For purposes of OAR 137-020-0520 to 137-020-565: (1) "Base price" means the total retail cost of the following unless separately disclosed as described in OAR 137-020-0550: (a) The manufactured dwelling as provided by the manufacturer; (b) Features added …

137-020-0535 Unfair Trade Practices It is unfair or deceptive in trade or commerce for the dealer or the landlord of a manufactured dwelling park to: (1) Require a prospective tenant to purchase a manufactured dwelling from a particular dealer or one of a group of dealers; (2) Gi…

137-020-0550 Manufactured Dwelling Purchase Agreement; List of Regulating Agencies (1) The purchase agreement used by the manufactured dwelling dealer shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the followin…