2017 ORS 128.675¹
Violations of ORS 128.610 to 128.769
  • action by Attorney General for violation
  • fees
  • penalties

(1) The following acts and practices are violations of ORS 128.610 (Short title) to 128.769 (Rules):

(a) Operating in violation of, or failing to comply with, any requirement of ORS 128.610 (Short title) to 128.769 (Rules) or any rules promulgated under ORS 128.610 (Short title) to 128.769 (Rules), including but not limited to:

(A) Failing to file the registration statement required under ORS 128.660 (Filing of registration statement and articles of incorporation or other instrument with Attorney General).

(B) Failing to file an annual report required under ORS 128.670 (Filing of reports).

(C) Failing to pay any fee required under ORS 128.670 (Filing of reports).

(b) Willfully making a false or misleading statement in a registration statement, annual report or other document required to be filed under ORS 128.610 (Short title) to 128.769 (Rules).

(c) Willfully failing to provide to the Attorney General, in a timely manner, upon request, documents, instruments, reports, records or other information necessary for the Attorney General to:

(A) Substantiate representations, statements or information contained in a registration statement, annual report or other document filed pursuant to ORS 128.610 (Short title) to 128.769 (Rules);

(B) Establish and maintain the register required under ORS 128.650 (Register of charitable organizations); or

(C) Establish that a charitable organization has properly applied charitable funds received by the organization.

(d) Failing to appear or otherwise comply with an order issued under ORS 128.690 (Order for attendance by Attorney General).

(2) In addition to any other actions allowed by law, including but not limited to the actions described in ORS 128.670 (Filing of reports) (8), and in compliance with the procedures set forth in ORS chapter 183, upon determining that a charitable organization has committed a violation specified in subsection (1) of this section, the Attorney General may, as appropriate, do one or more of the following:

(a) Deny, revoke, place conditions on or suspend the registration of the charitable organization after giving the organization written notice of the basis for the denial, revocation or suspension. If the organization does not correct or otherwise ameliorate the violation or request an administrative hearing within 90 days of receipt of the notice, the Attorney General shall take the action described in the written notice;

(b) Impose a civil penalty of not more than $2,000 on the charitable organization or upon a charitable fiduciary responsible for the violation;

(c) Order the charitable organization to cease soliciting or accepting contributions, charitable donations or other payments for charitable purposes until the charitable organization has corrected the act or practice that violated ORS 128.610 (Short title) to 128.769 (Rules); or

(d) Order the charitable organization or responsible charitable fiduciary to submit or file additional information or documentation.

(3) All fees and penalties received by the Department of Justice under this section shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under ORS 180.180 (Department of Justice Operating Account). Amounts deposited pursuant to this subsection are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering ORS 128.610 (Short title) to 128.769 (Rules) and 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) and for no other purpose. [2014 c.8 §7]

1 Legislative Counsel Committee, CHAPTER 128—Trusts; Charitable Activities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors128.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.