2017 ORS 697.005¹
Definitions for ORS 697.005 to 697.095

to 697.095 (Civil penalties), 697.602 (Definitions for ORS 697.602 to 697.842) to 697.842 (Disposition of moneys received by director), 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties), 717.905 (Criminal penalties) and 735.533 (Denial, suspension or revocation of registration as pharmacy benefit manager) 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.

(2) A document, material or other information to which subsection (1) of this section applies is subject to the public officer privilege described in ORS 40.270 (Rule 509. Public officer privilege).

(3) In order to assist in the performance of the director’s duties, the director may:

(a) Authorize sharing a confidential document, material or other information that is subject to subsection (1) of this section as appropriate among the administrative divisions and staff offices of the department created under ORS 705.115 (Department organization) for the purpose of administering and enforcing the statutes identified in subsection (1) of this section, in order to enable the administrative divisions and staff offices to carry out the functions and responsibilities of the administrative divisions and staff offices.

(b) Share a document, material or other information, including a confidential document, material or other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure), 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, if the recipient agrees to maintain the confidentiality of the document, material or other information.

(c) Receive a document, material or other information, including an otherwise confidential document, material or other information, from state, federal, foreign and international regulatory and law enforcement agencies, from the Federal Reserve Board and from the National Association of Insurance Commissioners and affiliates or subsidiaries of the National Association of Insurance Commissioners. As provided in this section, the director shall maintain the confidentiality of documents, materials or other information the director receives if the director receives notice or has an understanding that the document, material or other information is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.

(4) Disclosing a document, material or other information to the director under this section or sharing a document, material or other information as authorized in subsection (3) of this section does not waive an applicable privilege or claim of confidentiality in the document, material or other information.

(5) This section does not prohibit the director from disclosing to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or affiliates or subsidiaries of the National Association of Insurance Commissioners information about a final, adjudicated action, including a suspension or revocation of a certificate of authority or a license, if the information is otherwise open to public inspection. [2001 c.377 §2; 2009 c.541 §24; 2009 c.604 §25; 2015 c.244 §1; 2017 c.73 §4]

Notes of Decisions

In General

For per­son to qualify as provider of factoring services, there must be some form of umbrella or ongoing agree­ment for per­son to purchase accounts receivable. In re Krysl, 304 B.R. 425 (Bkrtcy. D. Or. 2004), aff’d In re Wilson, 311 B.R. 566 (D. Or. 2004)

Atty. Gen. Opinions

Under Former Similar Statute (Ors 697.020)

Duty of merchant using third party letterhead purchased from collec­tion letter service to obtain license, (1972) Vol 36, p 79

Chapter 697

Atty. Gen. Opinions

Duty of merchant using third party letterhead purchased from collec­tion letter service to obtain license, (1972) Vol 36, p 79

1 Legislative Counsel Committee, CHAPTER 697—Cashing Businesses; Debt Management Service Providers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors697.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 697, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano697.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.