Chapter 697 — Chapter 697
181 sections in this chapter.
ORS 697.740 [1959 c.635 §26; 1963 c.470 §13; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.742 [1983 c.17 §17; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.743 [1963 c.470 §§2,3; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.745 [1959 c.635 §27; 1963 c.470 §14; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.750 [1959 c.635 §30; 1963 c.470 §15; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.752 Grounds for denial, revocation or suspension of registration. The Director of the Department of Consumer and Business Services may deny, suspend, condition, revoke or refuse to issue or renew a registration as a debt management service provider if the director determines that an applicant or debt management service provider
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(1) Cannot meet financial obligations as the obligations mature, has liabilities that exceed assets or is in a financial condition that prevents the applicant or debt management service provider from continuing in business with safety to consumers; (2) Engaged in dishonest, fraud…
ORS 697.755 [1959 c.635 §28; repealed by 1963 c.470 §17]
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[Repealed or reserved.]
ORS 697.760 [1959 c.635 §29; repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 697.762 Enjoining violations; attorney fees; damages. (1) If the Director of the Department of Consumer and Business Services determines that a person has engaged in, is engaging in or is about to engage in an act or practice that the director believes is in violation of ORS 697.612, 697.642 to 697.702 or 697.752, in addition to actions the director may take under ORS 697.752 the director may bring suit in the name of the State of Oregon in a circuit court of this state to enjoin the act or practice. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator 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 if the defendant prevails in an action under this section and the court determines that the director did not have an objectively reasonable basis for asserting the claim or a reasonable basis for appealing an adverse decision of the trial court
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(2) The director may include in a suit authorized by subsection (1) of this section a claim for damages on behalf of a person injured by an act or practice against which the director sought an injunction or restraining order. The court may award appropriate relief to the person i…
ORS 697.765 [1959 c.635 §31; 1963 c.470 §16; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.770 [1959 c.635 §32; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.772 [1983 c.17 §19; 1989 c.209 §4; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.775 [1959 c.635 §33; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.780 [1959 c.635 §34; 1961 c.309 §7; 1967 c.216 §2; 1977 c.41 §4; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.782 [1983 c.17 §20; 1989 c.209 §5; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.783 [1963 c.470 §6; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.785 [1959 c.635 §35; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.790 [1965 c.190 §2; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.792 [1983 c.17 §21; 1995 c.696 §47; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.802 [1983 c.17 §22; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.810 [1971 c.734 §163; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.812 [1983 c.17 §23; 1989 c.209 §6; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.820 [1973 c.548 §2; 1977 c.185 §14; 1981 c.85 §12; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.822 Remedy not exclusive. The remedy provided for in ORS 697.718
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(1) Is in addition to and not exclusive of other remedies provided by law. (2) Does not limit a person’s statutory or common-law right to bring an action in any court for an act of a debt management service provider, or the right of the state to punish a person for violating a la…
ORS 697.825 Enforcement; orders. (1) The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person
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(a) Violated, is violating or is about to violate ORS 697.612, 697.642 to 697.702 or 697.752, a rule adopted under ORS 697.632 or an order issued under ORS 697.652 or 697.732, issue an order to cease and desist from the violation. (b) Filed information under ORS 697.632 that is f…
ORS 697.830 [1977 c.41 §6; 1981 c.85 §13; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.832 Civil penalties. (1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a civil penalty on a person in an amount not to exceed $5,000 for each violation of ORS 697.612 or 697.642 to 697.702, rules adopted under ORS 697.632 or order issued under ORS 697.825
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(2) The director shall impose a civil penalty on a person under this section in the manner provided in ORS 183.745. (3) Notwithstanding ORS 183.745, the person to whom the notice is addressed has 10 days from the date on which the notice was mailed in which to apply for a hearing…
ORS 697.840 Rules. The Director of the Department of Consumer and Business Services may adopt, amend and repeal rules that are necessary to carry out the provisions of ORS 697.602 to 697.842. [2009 c.604 §21]
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[Repealed or reserved.]
ORS 697.842 Disposition of moneys received by director. All moneys received by the Director of the Department of Consumer and Business Services or the department under ORS 697.005 to 697.095 or 697.602 to 697.842, excepting any penalties received under ORS 697.832, shall be paid into the State Treasury, deposited in the Consumer and Business Services Fund created by ORS 705.145 and used exclusively for the purposes of ORS 697.005 to 697.095 and 697.602 to 697.842. [1983 c.17 §25; 1987 c.373 §46; 2001 c.319 §§5,6]
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PENALTIES
ORS 697.990 Penalties. (1) Violation of ORS 697.015 or 697.058 by an individual is a Class A violation
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(2) Violation of ORS 697.015 or 697.058 by a corporation or association is a Class A violation. Any officer or agent of a corporation or association who personally participates in any violation of ORS 697.015 or 697.058 by the corporation or association is subject to the penalty …
ORS 697.992 Jurisdiction of courts. Justice courts have concurrent jurisdiction with circuit courts in all criminal prosecutions for violation of ORS 697.015, 697.058, 697.612 and 697.642 to 697.702. [Derived from 697.480 (1957 Replacement Part) and 1959 c.635 §36; 1983 c.17 §32; 1995 c.622 §10; 2005 c.338 §22]
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