Chapter 705 — Chapter 705

ORS 705.005 [1985 c.762 §2; repealed by 1987 c.373 §85]

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ORS 705.010 Definitions. As used in this chapter

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ORS 705.100 [1985 c.762 §3; repealed by 1987 c.373 §85]

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ORS 705.105 Department of Consumer and Business Services; director; qualifications; confirmation; Insurance Commissioner; bond or letter of credit; seal. (1) The Department of Consumer and Business Services is created

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ORS 705.110 [1985 c.762 §4; repealed by 1987 c.373 §85]

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ORS 705.115 Department organization. (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

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ORS 705.117 Consumer Advocacy Section. 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)]

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ORS 705.120 [1985 c.762 §5; repealed by 1987 c.373 §85]

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ORS 705.125 Deputy director; subordinate officers and personnel. (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

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ORS 705.130 [1985 c.762 §6; repealed by 1987 c.373 §85]

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ORS 705.135 Delegation; rules; employee indebtedness; reporting. (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

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ORS 705.137 Information that is confidential or not subject to disclosure; public officer privilege; permitted uses of confidential information. (1) Except as provided in subsection (3) of this section, a document, material or other information that the Department of Consumer and Business Services possesses or controls for the purpose of administering ORS 86A.095 to 86A.198, 86A.990, 86A.992, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900, 717.905 and 735.533 and ORS chapters 59, 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 192.311 to 192.478, is not subject to subpoena and is not subject to discovery or admissible in evidence in a private civil action. The Director of the Department of Consumer and Business Services may use a confidential document, material or other information in administering ORS 86A.095 to 86A.198, 86A.990, 86A.992, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900, 717.905 and 735.533 and ORS chapters 59, 723, 725 and 726, the Bank Act and the Insurance Code and in furthering a regulatory or legal action the director brings as a part of the director’s duties

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ORS 705.138 Confidential and privileged documents; conditions for sharing with chief insurance regulatory official. (1) The Director of the Department of Consumer and Business Services may share confidential and privileged documents, material or information the director receives under ORS 732.517 to 732.596 with a chief insurance regulatory official in accordance with ORS 705.137

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ORS 705.139 Agreements with other agencies regarding sharing and use of confidential information; contents. (1) The Director of the Department of Consumer and Business Services, consistent with ORS 705.137, may enter into agreements with other state, federal, foreign and international regulatory and law enforcement agencies, with the Federal Reserve Board and with the National Association of Insurance Commissioners and affiliates or subsidiaries of the National Association of Insurance Commissioners to govern the sharing and use of information

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ORS 705.140 [1985 c.762 §6a; repealed by 1987 c.373 §85]

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ORS 705.141 Criminal records check; fingerprints required; persons subject to requirement. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Consumer and Business Services may require the fingerprints of a person who is applying for a license, or applying to renew a license, under ORS 744.059, 744.326, 744.518 or 744.611 or a person who

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ORS 705.143 Combined license processing; rules. (1) The Department of Consumer and Business Services may establish one or more combined license processing programs. Participation in a combined license processing program by a state agency is voluntary. Notwithstanding any other provision of law, agencies participating in a combined license processing program may

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ORS 705.145 Consumer and Business Services Fund; sources; uses; revolving account; assignment of certain moneys to single account; contracts for state building code training programs. (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 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

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ORS 705.146 Prescription Drug Affordability Account. The Prescription Drug Affordability Account is established as a subaccount in the Consumer and Business Services Fund created in ORS 705.145, consisting of moneys collected under ORS 646A.695 and moneys that may be appropriated for deposit into the Prescription Drug Affordability Account by the Legislative Assembly. Interest earned on the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Consumer and Business Services to carry out ORS 646A.680 to 646A.697. [2021 c.598 §4; 2023 c.466 §4]

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ORS 705.148 Transfers from Consumer and Business Services Fund to Workers’ Benefit Fund; purpose; amount; liability limit. (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

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ORS 705.150 [1985 c.762 §7; repealed by 1987 c.373 §85]

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ORS 705.155 Petty cash funds. 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]

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ORS 705.160 [1985 c.762 §8; repealed by 1987 c.373 §85]

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ORS 705.165 Disposition of moneys accruing from department administration and enforcement of certain laws. (1) Except as provided in ORS 59.255, 59.995, 86A.130, 86A.992 and 645.950, the net amount accruing to the Department of Consumer and Business Services from all fees, charges, interest, penalties and miscellaneous revenues from all sources under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 86A.095 to 86A.198, 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 59.505, 59.710 to 59.830, 59.991, 59.995, 86A.095 to 86A.198, 650.005 to 650.100 and 705.350

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ORS 705.170 [1985 c.762 §9; repealed by 1987 c.373 §85]

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ORS 705.175 Warrant for collection of debt owed Department of Consumer and Business Services. (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

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ORS 705.180 [1985 c.762 §§10,10a; repealed by 1987 c.373 §85]

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ORS 705.190 [1985 c.762 §13; repealed by 1987 c.373 §85]

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ORS 705.200 [1985 c.762 §12; repealed by 1987 c.373 §85]

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ORS 705.210 [1985 c.762 §13a; repealed by 1987 c.373 §85]

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ORS 705.220 [1985 c.762 §13b; repealed by 1987 c.373 §85]

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ORS 705.230 [1985 c.762 §14; repealed by 1987 c.373 §85]

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ORS 705.240 [1985 c.762 §15; repealed by 1987 c.373 §85]

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ORS 705.250 [2011 c.272 §20; renumbered 455.146 in 2017]

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ORS 705.300 Records of actions of director regarding securities, commodity and franchise laws. The 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 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100. [1987 c.414 §71; 1989 c.179 §5]

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ORS 705.310 Evidentiary effect of certain records regarding securities, commodities and franchises; fees. (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 59.505, 59.710 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

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ORS 705.320 Certified documents; effect. 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 59.505, 59.710 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 59.505, 59.710 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]

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ORS 705.330 Withdrawal of certain documents; review; effect. (1) Within one year after a filing under ORS chapter 645 or ORS 59.005 to 59.505, 59.710 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

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ORS 705.340 Access to director’s and department records regarding securities, commodities and franchises; rules; accuracy of information. (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 59.505, 59.710 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

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ORS 705.350 Fees for certain documents; rules. Notwithstanding ORS 192.311 to 192.478, 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 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100

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ORS 705.500 [1987 c.94 §113; repealed by 1997 c.631 §567]

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ORS 705.510 [1987 c.94 §114; repealed by 1997 c.631 §567]

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ORS 705.600 [1987 c.491 §2; 1989 c.310 §1; 1993 c.18 §154; 1993 c.229 §25; 1993 c.318 §14; repealed by 1997 c.631 §567]

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ORS 705.610 Appointment of financial institution examiners. 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]

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ORS 705.620 [1987 c.171 §2; 1993 c.264 §§3,3a; 1995 c.192 §1; repealed by 2009 c.541 §49]

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ORS 705.630 Charging for extra expenses. (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

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ORS 705.635 Certificate of approval of certain business registry names filed under ORS 56.023. (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

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ORS 705.638 “Company” defined; organization requirements for companies conducting banking business. (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

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ORS 705.640 Enforcement authority regarding conduct of banking business; court order; cease and desist order; civil penalty. (1) Whenever the Director of the Department of Consumer and Business Services has reason to believe that a person is violating a provision of ORS 705.638, 707.005 or 707.010, the director

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ORS 705.642 Injunction authority regarding conduct of banking business; penalty; attorney fees; claims for restitution, damages or disgorgement of illegal gains. (1) Whenever the Director of the Department of Consumer and Business Services determines that a person has engaged, is engaging or is about to engage in an act or practice constituting a violation of a provision of ORS 705.638, 707.005 or 707.010 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 or 707.010 or the 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 impose a penalty against the person of 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 a continuing violation may not exceed $100,000. If the court finds that the defendant has violated a provision of ORS 705.638, 707.005 or 707.010 or a 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

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