2017 ORS 697.093¹
Enforcement

(1) The Director of the Department of Consumer and Business Services may:

(a) Undertake the investigations, including investigations outside this state, that the director considers necessary to determine whether a person has:

(A) Violated, is violating or is about to violate:

(i) ORS 697.015 (Registration requirement), 697.031 (Registration procedure), 697.045 (Status of accounts and claims assigned to agency), 697.058 (Agency records), 697.091 (Fees or compensation received in violation of law), 697.105 (Fee for collection of debt owed public body) or 697.115 (Fee for collection of commercial debt);

(ii) A rule adopted under ORS 697.031 (Registration procedure), 697.085 (Rules) or 697.086 (Rules for collection of child support payments); or

(iii) An order issued under this section;

(B) Filed information under ORS 697.031 (Registration procedure) that is false or untruthful; or

(C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031 (Registration procedure).

(b) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated.

(c) Take evidence from witnesses and compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director considers relevant or material to an investigation or proceeding.

(d) If the director has reason to believe that a person has:

(A) Violated, is violating or is about to violate ORS 697.015 (Registration requirement), 697.031 (Registration procedure), 697.045 (Status of accounts and claims assigned to agency), 697.058 (Agency records), 697.091 (Fees or compensation received in violation of law), 697.105 (Fee for collection of debt owed public body) or 697.115 (Fee for collection of commercial debt) or a rule adopted under ORS 697.031 (Registration procedure), 697.085 (Rules) or 697.086 (Rules for collection of child support payments), issue an order to cease and desist from the violation.

(B) Filed information under ORS 697.031 (Registration procedure) that is false or untruthful, issue an order to correct the filing.

(C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031 (Registration procedure), issue an order to remedy the failure.

(2) The authority conferred by this section is in addition to and not in lieu of any other authority conferred on the director. [2005 c.338 §9]

Notes of Decisions

Holder of license issued pursuant to these sec­tions who voluntarily surrenders it to the issuing authority with the inten­tion of abandoning it is in the same posi­tion as a new applicant who seeks the right to engage in the ac­tivity for which the license is re­quired. State ex rel Black v. American Recovery, Ltd., 12 Or App 139, 505 P2d 1166 (1973)

Collec­tion agencies which solicit and collect claims of third parties upon contingent fee basis are not involved in unauthorized practice of law. Messmer v. Carter/Bonded Credit Company, 282 Or 323, 578 P2d 788 (1978)

Atty. Gen. Opinions

Applica­tion to out-of-state businesses whose only contact with Oregon debtors is through telephonic or mail communica­tion, (1980) Vol 40, p 358

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.