Oregon Administrative Code

441-810-0210 Acquisition of Location Information Any collection agency communicating with any person other than the debtor for the purpose of acquiring location information about the debtor shall: (1) Identify himself, state that he is confirming or correcting location informatio…

441-810-0220 Communication In Connection With Debt Collection (1) Without the prior consent of the debtor given directly to the collection agency or the express permission of a court of competent jurisdiction, a collection agency may not communicate with a debtor in connection wi…

441-810-0230 Harassment or Abuse A collection agency may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following con…

441-810-0240 False or Misleading Representations A collection agency may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violat…

441-810-0250 Unfair Practices A collection agency may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this rule: (1) The collection of any amount (…

441-810-0260 Compliance with Fair Debt Collection Practices Act A collection agency that is subject to and in compliance with the requirements of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. 1692 et seq.) shall also be considered to be in compliance with t…

441-820-0010 Licensing Each person applying for a debt buyer license shall submit to the director all the following through the Nationwide Multistate Licensing System (NMLS): (1) A completed Form MU1, including, but not limited to, business activities, license information, contac…

441-820-0020 Deficiencies in Debt Buyer License Application (1) If an applicant submits an application, filing, or amendment which is incomplete in any respect, the director will notify the applicant of the deficiencies through the NMLS. The applicant shall correct a deficiency a…

441-820-0030 Process to Challenge Information Entered into the National Mortgage Licensing System and Registry (1) A person applying for a debt buyer license or a person licensed as a debt buyer has standing to challenge information regarding that person submitted to the NMLS and…

441-820-0040 Application Review (1) The director will grant a debt buyer license to an applicant if: (a) After an investigation, the director determines the applicant or applicant’s directors, members, officers, managers, partners or control persons have the financial responsibil…

441-820-0050 Renewal of Debt Buyer License (1) A debt buyer license shall expire on December 31 of each calendar year. At least 30 days prior to the expiration of a debt buyer license, the debt buyer shall submit a renewal request for the license to the director through the NMLS …

441-820-0060 Rules for Use of Assumed Business Names In addition to any requirements for registering an assumed business name with the Secretary of State, a debt buyer who intends to use an assumed business name to identify the person’s debt buyer business shall also comply with …

441-820-0070 Fees In addition to any fees required to participate in the NMLS, a debt buyer must pay the following fees to the director at the time of application or renewal: (1) A non-refundable application fee of $450; or (2) A non-refundable renewal fee of $450. Statutory/Othe…

441-820-0080 Errors and Omissions Insurance (1) Applicants for a license under these rules must submit proof of errors and omissions insurance in the amount required under subsection (3) of this rule from an insurer that the department has authorized to transact insurance in this…

441-820-0090 Cancellation of Debt Buyer License for Failure to Maintain Errors and Omissions Insurance (1) The director may cancel the license of a debt buyer for failing to maintain errors and omissions insurance as required by 2017 Oregon Laws Ch. 625 and OAR 441-820-0080. The …

441-820-0100 Director Supervision (1) The director has general supervision and control over debt buyers in Oregon, whether or not the person has obtained a license, had a license withdrawn, canceled, suspended, conditioned or revoked. (2) (a) At any time, the director may examine…

441-820-0110 Licensee Responsibilities (1)(a) Licensees must either designate and maintain a principal place of business in Oregon or designate a registered agent available to receive notice, demand, or service of process on behalf of licensee. (b) If a licensee has not notified …

441-820-0120 Display of NMLS number (1) A debt buyer licensed under these rules must display its NMLS number on: (a) All advertising materials; (b) Written communications, or communications that are otherwise reduced to writing, with debtors and otherwise used in the licensee’s b…

441-820-0130 Disclosure of Significant Developments (1) A debt buyer must notify the director within 10 days of the occurrence of any of the following significant developments: (a) Filing for bankruptcy or reorganization; (b) A director, member, officer, manager, partner, control…

441-820-0140 Examination Charges Debt Buyers Pay to the Director (1) In addition to the initial application and renewal fees assessed under OAR 441-820-0070, licensees shall pay an examination charge in the amount of $75 an hour for each person used in performance of the examinat…

441-820-0150 Records All debt buyers shall maintain and preserve records concerning business operations, transactions, and customer complaints and responses for no less than 4 years after the last action on any consumer account. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8…

441-820-0160 Prohibited actions (1) A debt buyer may not perform any act, undertake any practice or employ any device, scheme or artifice in the course of the licensee’s or the person’s business that is dishonest, unethical or illegal or that would operate as a deceit or fraud up…

441-820-0170 Enforcement related to Unlawful Debt Collection Practices (1) If the director has reasonable cause to believe, or determines after an investigation that a person engaged in debt buying may have violated ORS 646.639, the director will notify the Oregon Department of J…

441-820-0180 Penalties If the director finds a person has violated 646.639, sections 1-3 of 2017 Oregon Laws Ch. 625, any rule or order of the director issued under 646.639 or sections1-3 of 2017 Oregon Laws Ch. 625 or another applicable law, the director may in accordance with O…

441-840-0010 Definitions as Used in OAR 441-840-0010 to 441-840-0090 Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS 646A.593(1) are hereby incorporated by reference and made part of these rules. Statutory/O…

441-840-0020 Registration Requirements (1) To register with the department for purposes of ORS 646A.593, a data broker shall: (a) Pay the fees prescribed under OAR 441-840-0050; and (b) Submit to the director electronically: (A) The name and any assumed business name of the data …

441-840-0030 Deficiencies in Data Broker Registration or Registration Renewal (1) A registration or registration renewal under this rule will not be approved if the information and documentation submitted under OAR 441-840-0020(1) or OAR 441-840-0040 is incomplete, inaccurate, or…

441-840-0040 Renewal of Data Broker Registration (1) To renew a valid registration under this rule, a data broker shall, at least 30 days before the expiration of the registration: (a) Pay the fees prescribed under OAR 441-840-0050; and (b) Submit to the director in the manner sp…

441-840-0050 Fees Payable to the Director (1) A data broker shall pay to the director the following fees at the time of registration or renewal of registration: (a) A nonrefundable application or renewal fee of $600. (b) An additional fee of $50 will be assessed for any renewals …

441-840-0060 Rules for Use of an Assumed Business Name (1) In addition to any requirements for registering an assumed business name with the Secretary of State, a data broker who intends to use an assumed business name to identify the person’s data broker business shall also comp…

441-840-0070 Disclosure of Significant Developments (1) A data broker shall disclose to the director of any breach of security as required in ORS 646A.604 within 45 days of any such breach. (2) A registered data broker shall notify the director within 45 days following: (a) Any c…

441-840-0080 Investigation by Director (1) The director may make such inquiries and conduct such investigations as the director deems necessary to determine whether a data broker has violated or is violating any requirement under ORS 646A.593 or any of the rules set forth in OAR …

441-840-0090 Termination or Suspension of Data Broker Registration A data broker’s registration may be terminated or suspended for any violation of the rules set forth in OAR 441-840-0010 to 441-840-0090. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS …

441-850-0005 Definitions As used in OAR chapter 441, divisions 850 to 890, unless the context otherwise requires: (1) “Advertising” means any form of sales or promotional materials used in connection with the mortgage banker or mortgage broker business including, but not limited …

441-850-0015 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 …

441-850-0035 Records and Reports Retention Period (1) All books and records required under the provisions of ORS 86A.095 through 86A.242 and OAR chapter 441, divisions 850 to 885 shall be maintained for a five year period beginning from the date of a residential mortgage loan is …

441-850-0042 Contents of Foreclosure Notices The sender of a notice form required by 2008 Or Laws, ch. 19, § 20 and as amended by 2009 Or Laws ch.864, § 1 (Enrolled Senate Bill 628) must enter in the form and format adopted by this rule: (1) The statewide telephone contact number…

441-850-0045 Displaying mortgage lender licensing information For licenses issued or renewed through Nationwide Multistate Licensing System (NMLS) for periods on or after January 1, 2020, licensees can meet the requirements of ORS 86A.166 by posting a form provided by the Departm…

441-850-0050 Process to Challenge Information Entered into the National Mortgage Licensing System and Registry (1) A person applying for a mortgage loan originator license or a person licensed as a mortgage loan originator has standing to challenge information regarding that pers…

441-855-0114 Limited Liability Companies Holding Mortgages, Deeds of Trust or Other Consensual Security Interests (1) A limited liability company whose member claims an exemption from licensing as a mortgage loan originator under ORS 86A.203(2)(d) is exempt from licensing with th…

441-860-0020 Application Requirements Each person applying for a mortgage banker or mortgage broker license shall submit to the director all the following required application materials and information: (1) A completed Form MU1 submitted through the Nationwide Mortgage Licensing …

441-860-0021 Biographical Information Required for Mortgage Banker or Mortgage Broker License Application (1) Each of the following persons listed in section (2) of this rule shall submit a Form MU2 to the director through the Nationwide Mortgage Licensing System and Registry. (2…

441-860-0024 Deficiencies in Mortgage Banker or Mortgage Broker License Application (1) If an applicant, a mortgage banker or a mortgage broker submits an application, filing or amendment which is incomplete in any respect, the director shall notify the applicant of the deficienc…

441-860-0025 Rules for Use of Assumed Business Names (1) In addition to any requirements for registering an assumed business name with the Secretary of State, a mortgage banker or mortgage broker who intends to use an assumed business name to identify the person’s mortgage banker…

441-860-0030 Branch Office Licensing (1) If a mortgage banker or mortgage broker intends to operate a branch office, the mortgage banker or mortgage broker shall obtain a license for the branch office prior to originating loans from the branch office by submitting the licensing f…

441-860-0040 Supervision of Branch Offices, Home Locations, and Mortgage Loan Originators (1) A mortgage banker or a mortgage broker must diligently supervise and control every mortgage loan originator employed by the mortgage banker or the mortgage broker in the mortgage banker …

441-860-0045 State Criminal Records Check (1) In addition to the criminal records check required for submission to the National Mortgage Licensing System and Registry under ORS 86A.212 and 86A.230, a mortgage banker or mortgage broker must conduct a state criminal records check o…

441-860-0050 Renewal of Mortgage Banker and Mortgage Broker License (1) A mortgage banker or a mortgage broker license shall expire on December 31 of each calendar year. At least 30 days prior to the expiration of a mortgage banker or mortgage broker license, the mortgage banker …

441-860-0060 Equivalent and Related Experience (1) An applicant or an applicant’s control person who has experience in the following categories shall be given full credit for such experience toward meeting the experience requirement under ORS 86A.106: (a) Origination of loans sec…

441-860-0070 Disclosure of Significant Developments (1) A mortgage banker or mortgage broker shall be required to notify the director within 30 days of the occurrence of any of the following significant developments: (a) Filing for bankruptcy or reorganization. (b) Notification o…