Oregon Administrative Code

441-735-0310 Refund of Unearned Interest and Charges (1) If a borrower pays off a loan prior to the due date, the licensee must refund all unearned interest and charges. (2) For purposes of this rule, a licensee must calculate earned interest and charges by multiplying the loan a…

441-735-0320 Licensee Reporting Licensees are required to file an annual report by March 31for operations during the previous calendar year. Licensees must also provide known information on any felony conviction, or any conviction involving theft or fraud, of any executive office…

441-740-0000 Definitions (1) "Advertising" includes signs, inside or outside of a business premise, advertising in newspapers and print media, on radio, television, and electronic media by the licensee or on the licensee’s behalf. (2) “Large item” means: (a) A boat as defined in …

441-740-0010 Fees Payable by Pawnbrokers to the Director (1) The annual fees paid pursuant to ORS 726.125(2) shall be $350. For license renewals after January 1, 2020, the renewal and fee are due with the filing of the annual report. (2) Whenever the director provides extra servi…

441-740-0016 Daily-Interest Computation Interest on a loan must be computed on a daily basis using a 365-day year. The maximum charge for each day shall be 1/365th of the annual rate when calculating the elapsed time of the loan. Statutory/Other Authority: ORS 726.260 Statutes/Ot…

441-740-0020 Pawnbrokers Required to Use Reasonable Care in Caring for Pledges (1) A pawnbroker shall exercise reasonable care to protect pledges from damage, theft, and burglary while storing or transporting pledged items. (2) In complying with this rule, a pawnbroker shall give…

441-740-0025 Description of Pledged Items (1) The description of items in the register maintained by the pawnbroker, to satisfy needs of local law enforcement, must include: (a) Brand name; (b) Model number, if evident; (c) Serial number, or indicate that the item doesn’t have on…

441-740-0029 Pawnbrokers Requirements for Off-Site Storage (1) The following requirements apply to the use off-site storage for large items: (a) Reasonable care must be exercised to protect pledged items when transporting or storing a pledged item; (b) A pawnbroker must notify th…

441-740-0035 Other Information to be Submitted with Annual Report At the same time the pawnbroker files an annual report, the pawnbroker must include with that annual report: (1) A copy of the front and back of the pawn ticket currently used by the pawnbroker plus any modifying l…

441-740-0040 Loan Agreement A pawnbroker may not capture a pledgor’s race or sex on any copy of a loan agreement other than the copy to be provided to law enforcement. Statutory/Other Authority: ORS 726.260 Statutes/Other Implemented: ORS 726.280 and 726.285 History: FCS 11-2008,…

441-740-0045 Advertising (1) A licensed pawnbroker must use its Oregon license number in any paid advertising. (2) Without a pawnbroker license, a business may not use an assumed business name or advertising of a business that would lead the public to believe the business is a li…

441-740-0055 Surrender of License When a pawnbroker surrenders a license, the written notice to the director must include: (1) The original pawnbroker license; (2) A copy of the notice posted on the front of the pawnbroker’s place of business notifying customers of the closure of…

441-745-0000 Definitions (1) Unless a specific definition is provided or the context otherwise requires, the words and phrases used in OAR Chapter 441, Division 745 have the meaning given them in ORS 183.310. (2) A "Director" means the Director of the Department of Consumer and B…

441-745-0010 Waiver by Director The Director may, either upon request or upon the Director’s motion, waive or modify the application of any particular rule to a particular person when, in the Director’s opinion, just and reasonable cause exists for such action and the waiving or …

441-745-0300 Application Procedure (1) Each person desiring to obtain a money transmitters license shall apply to the Director by submitting all information required pursuant to ORS 717.220 plus a list of permissible investments pursuant to 717.215(3), if required. (2) A person s…

441-745-0310 Renewal of License (1) A licensee may renew their license to conduct the business of a Money Transmitter by submitting through the Nationwide Multistate Licensing System and Registry (NMLS): (a) A completed renewal application. (b) A renewal fee of $1000 pursuant to …

441-745-0330 Security Device Persons who were originally licensed as Sale of Checks licensees who renew their license under the provision of ORS 717.245 and who currently have on file a security device may continue the use of the security device provided: (1) The security device …

441-745-0340 Fees, Charges Money Transmitters Pay to the Director (1) The rate of charge payable by a licensee is $60 an hour per person payable by the licensee for the Director and each examiner or other division employee used in an examination conducted under ORS 717.255 and fo…

441-755-0000 Definitions For purposes of ORS 697.500 through 697.555 and the rules in Division 755: (1) "Automated check-cashing machine" means an unstaffed communications terminal that cashes payment instruments and charges a fee. (2) "Conspicuously post" means to place in plain…

441-755-0010 Fees Payable to the Director (1) All fees described in this rule must be payable to the Department of Consumer and Business Services, and submitted to the director either by mail to the mailing address specified on the application form, in-person delivery to the addr…

441-755-0100 Initial Application In addition to the items specified in ORS 697.510, an applicant must submit: (1) The applicant’s business telephone number and fax number, if any; (2) The mailing address for the applicant’s principal place of business, if different than the stree…

441-755-0110 Licensing Exemptions (1) A person engaging in the bona fide retail sale of goods or services, cashing checks only from time to time, and not purporting to be a check-cashing business, is exempted from licensing, regulatory fees and record keeping requirements. (a) A …

441-755-0120 When Initial Application Deemed Abandoned (1) An initial application is deemed deficient when: (a) Responses to questions on the application form created by the director are missing or incomplete; (b) Additional documents or information specified in OAR 441-755-0100 …

441-755-0130 Renewal of License (1) A licensee may renew its license or licenses by identifying any principal place of business and licensed locations being renewed, and paying the renewal fees specified in OAR 441-755-0010. New locations may be added during this process. (2) Ren…

441-755-0140 Change of Licensed Location (1) When a licensee wishes to change the place of business of a licensed location, the licensee must submit to the director the original license for that location, together with a written notice identifying the new location and the propose…

441-755-0150 Material Changes (1) A licensee must make written notification to the director if there is a material change to any information the licensee previously filed with the director. (2) A material change includes the following: (a) Change to or a new item required to be d…

441-755-0160 Assignment or Transfer of License Prohibited (1) The following events will be considered an assignment or transfer of the license, which is prohibited by ORS 697.514: (a) A change in control of the licensee; (b) The sale or assignment of all or substantially all asse…

441-755-0170 Termination of License (1) A licensee must notify the director in writing of its decision to cease operations as a check-cashing business within seven days of its decision, and return all licenses to the director within 30 days after it has voluntarily ceased operati…

441-755-0200 Posting of Information (1) A licensee must conspicuously post the following items at each licensed location: (a) The license issued for that location by the Director; and (b) The fees the licensee will charge customers. (2) For an automated check-cashing machine, the…

441-755-0210 Unfair or Deceptive Practices It is an unfair or deceptive practice for a licensee to: (1) Impose fees contrary to posted information at the location where the payment instrument is cashed. (2) Refuse to accept valid and current government-issued photo identification…

441-755-0220 Responsibility for Actions at Licensed Locations Regardless of the employment relationship between the licensee and any manager or staff person in a licensed location, the licensee will be held responsible for any check-cashing statute or rule violation that occurs i…

441-755-0300 Required Books and Records (1) For each payment instrument cashed, the licensee must record the following information: (a) The face value amount of the payment instrument; and (b) The fee charged. (2) The information required in section (1) of this rule may be mainta…

441-755-0310 Annual Report To assist the director to determine whether examination of a licensee is necessary, each licensee must submit a report by April 1 for the previous calendar year's check-cashing activities for each licensed location, including: (1) The total number of pa…

441-810-0000 Definitions The definitions of terms used in ORS 697.005 to 697.098, 697.990 to 697.992 and the rules of this OAR chapter 441 divisions 800 and 810, are: (1) “Director” means the director of the Department of Consumer and Business Services. (2) “Employed” means worki…

441-810-0020 Duration of Registration All registrations shall be issued on the date all registration qualifications are met. Registrations issued before November 1st shall expire at the end of the calendar year. Registrations issued on or after November 1st shall expire at the en…

441-810-0030 Renewal A certificate of registration may be renewed on or before the renewal date by submitting a request to renew the license through the Nationwide Multistate Licensing System along with payment of the required fee and submission of a current list of solicitors wi…

441-810-0040 Application (1) Application for registration shall be submitted through the Nationwide Multistate Licensing System and must be accompanied by the required fee. (2) Applications shall include: (a) The information required by ORS 697.031(1)(a) through (e); (b) The name…

441-810-0050 Update Filings At least ten days prior to a change of ownership, business address, business manager, or change in information relating to the trust account, the collection agency business shall notify the Director of the changes by filing the appropriate forms throug…

441-810-0060 Assumed Business Name Before registration or renewal of registration of a collection agency business: (1) An individual using an assumed business name shall be registered with the Secretary of State. (2) A corporation must be registered to do business in Oregon with …

441-810-0070 Return of Accounts (1) Immediately upon receipt of a certified mail request from the client, a collection agency business shall cease all collection attempts, unless a written contract requires otherwise. (2) A collection agency business shall return all accounts to …

441-810-0080 Office Closure When an agency permanently closes an office, it shall notify the Director, by submitting the appropriate notice through the Nationwide Multistate Licensing System, within five days from closure and provide the following information to the Director: (1)…

441-810-0090 Joint Trust Accounts A trust account may not be used jointly as a trust account and an operating account. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.058 History: DC 3-1984, f. & ef. 1-16-84, Renumbered from 814-101-0050

441-810-0100 Audits Collection agencies being audited shall provide working space in their office for the auditor or, if office space is not available, submit the records being audited to the Director within ten working days of the request for records. Statutory/Other Authority: …

441-810-0110 Audit Charges Collection Agencies Pay to the Director (1) Audit charges shall be paid upon receipt of the invoice. (2) The rate of charge payable by a collection agency is $75 an hour for each person used in performance of the audit conducted under ORS 697.058(5). (3…

441-810-0120 Claims (1) Persons having a claim against a collection agency may notify the Director by mail. The information shall include: (a) Name, address and telephone number of the claimant; (b) Name, address and telephone number of the collection agency; (c) The amount of mo…

441-810-0130 Response to Claims (1) A copy of a claim received by the Director shall be sent to the collection agency. (2) The collection agency is required to respond in writing to the Director within 15 working days. Statutory/Other Authority: ORS 697.085 Statutes/Other Impleme…

441-810-0140 Civil Penalties Civil penalties shall be $400 for the first offense and $1,000 for each subsequent offense. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.095 History: DC 12-1984, f. & ef. 4-17-84, Renumbered from 814-101-0075

441-810-0150 Fees (1) Fees established for the Program are: (a) Initial registration, $350; (b) Registration renewal, $120; (c) Duplicate registration, $10; (d) Certification of registration, $5. (2) The director may by order reduce the fees assessed for any specific year. Statut…

441-810-0160 Office and Trust Account Location (1) The provisions of ORS 697.058(1), (2), (4), and (5) requiring that a registrant maintain an office location and client trust account in this state are waived provided the registrant submits a written request for waiver; and, (a) …

441-810-0200 Applicability of Rules, Definition (1) OAR 441-810-0200 to 441-810-0250 apply to the practices of a collection agency that enters into an agreement with an obligee to collect child support payments as provided in ORS 25.020. (2) For the purposes of OAR 441-810-0200 t…