ORS 697.732
Examinations

  • investigations
  • costs
  • access
  • public disclosure requirements and exemptions

(1)

To enforce the provisions of ORS 697.612 (Registration requirement) and 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider), the Director of the Department of Consumer and Business Services may:

(a)

Examine a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) and the debt management service provider’s or the person’s accounts for the purpose of investigating a violation of ORS 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider).

(b)

Undertake an investigation, including an investigation outside this state, that the director considers necessary to:

(A)

Determine whether a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) violated, is violating or is about to violate ORS 697.612 (Registration requirement) or 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) or a rule the director adopted under ORS 697.632 (Registration procedure); or

(B)

Aid in enforcing the provisions of ORS 697.612 (Registration requirement) and 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) and in formulating rules for adoption under ORS 697.632 (Registration procedure).

(c)

Require a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) to file a written statement, under oath or otherwise, that addresses a matter the director is investigating.

(d)

Administer oaths and affirmations, subpoena witnesses, compel the witnesses to attend, take evidence and require a person that the director is investigating to produce books, papers, correspondence, memoranda, agreements or other documents or records that the director deems relevant or material to the investigation. A witness who appears before the director under a subpoena shall receive the fees and mileage described in ORS 44.415 (Fees and mileage of witnesses) (2).

(e)

Charge and require a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) to pay for the reasonable cost of an examination or investigation conducted under this section in an amount the director specifies.

(2)

If a person does not comply with a subpoena that the director issues under this section, a circuit court in this state upon the director’s application shall begin contempt proceedings to compel compliance in the same manner in which the court would compel compliance with a subpoena in a civil action.

(3)

A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) shall provide the director for the purpose of investigating a violation of ORS 697.612 (Registration requirement) or 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) with free access to the debt management service provider’s or the person’s offices, places of business, books, accounts, records, papers, files, safes and vaults.

(4)

Intentionally left blank —Ed.

(a)

The director shall maintain for public inspection a record of any order the director issued that:

(A)

Suspended, revoked or refused to renew a person’s registration as a debt management service provider; or

(B)

Imposed a civil penalty under ORS 697.832 (Civil penalties).

(b)

The record that the director maintains of the director’s order shall show:

(A)

The form of the order that the director issued;

(B)

The name of the person that is the subject of the order; and

(C)

The grounds for the action that the director took in the order.

(c)

The director shall maintain as a public record any notice or other information that indicates that a collection on a deposit or on the bond required under ORS 697.642 (Bond requirement) has occurred.

(d)

Except as provided in this subsection, records, reports and other information that the director receives or compiles as a result of an investigation conducted under this section are exempt from the disclosure required under ORS 192.314 (Right to inspect public records). [1983 c.17 §15; 2005 c.338 §17; 2009 c.604 §13]

Source: Section 697.732 — Examinations; investigations; costs; access; public disclosure requirements and exemptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors697.­html.

697.005
Definitions for ORS 697.005 to 697.095
697.015
Registration requirement
697.031
Registration procedure
697.039
Revocation, suspension or refusal to issue or renew registration
697.045
Status of accounts and claims assigned to agency
697.053
Registration exclusive regulation
697.058
Agency records
697.063
Status of business records and bank accounts following revocation of registration
697.085
Rules
697.086
Rules for collection of child support payments
697.087
Injunction
697.091
Fees or compensation received in violation of law
697.093
Enforcement
697.094
Orders issued under ORS 697.093
697.095
Civil penalties
697.105
Fee for collection of debt owed public body
697.107
Prohibition on use of public agency or public official seal or letterhead
697.115
Fee for collection of commercial debt
697.500
Definitions for ORS 697.500 to 697.555
697.502
Exemptions from licensing and record-keeping requirements
697.504
Licensing requirement
697.510
License application form and contents
697.512
Application fee and investigation fee
697.514
Application review and license issuance
697.520
Prohibited practices
697.522
Receipt
697.524
Endorsement and deposit of payment instruments
697.526
Notice of fees and charges
697.528
Records
697.530
Prohibited conduct
697.540
Suspension or revocation of license
697.542
Powers of director
697.550
Rules
697.555
Civil penalties
697.602
Definitions for ORS 697.602 to 697.842
697.612
Registration requirement
697.632
Registration procedure
697.642
Bond requirement
697.652
Written agreement and budget analysis requirement
697.662
Prohibited practices
697.672
Requirement to make, keep and maintain records
697.682
Trust accounts for client funds
697.692
Fees
697.702
Interference with records of debt management service provider
697.707
Required disclosures
697.718
Liability for consumer’s ascertainable loss
697.722
Execution or attachment of trust account funds
697.732
Examinations
697.752
Grounds for denial, revocation or suspension of registration
697.762
Enjoining violations
697.822
Remedy not exclusive
697.825
Enforcement
697.832
Civil penalties
697.840
Rules
697.842
Disposition of moneys received by director
697.990
Penalties
697.992
Jurisdiction of courts
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