ORS 726.440
Enforcement orders


(1)

The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person has:

(a)

Violated, is violating or is about to violate ORS 726.040 (Pawnbroker license required), 726.100 (Additional licenses to same applicant), 726.110 (Change of place of business), 726.130 (Annual report of licensee), 726.270 (Prohibited transactions), 726.280 (Register and records of licensee), 726.285 (Register and records of transactions by pawnbroker), 726.290 (Signing of card, stub or record by pledgor), 726.300 (Contents of pawn ticket), 726.390 (Interest rates and charges), 726.400 (Loan period) or 726.410 (Record of forfeited pledges), a rule adopted under ORS 726.260 (Rules and rulings) or an order issued under this chapter, issue an order to cease and desist from the violation.

(b)

Failed to file the annual report required by ORS 726.130 (Annual report of licensee), issue an order to file the report.

(c)

Filed information under ORS 726.060 (Application for license), 726.110 (Change of place of business), 726.130 (Annual report of licensee) or 726.250 (Investigations and examinations) that is false or untruthful, issue an order to correct the filing.

(d)

Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 726.070 (Applicant to furnish bond or letter of credit), issue an order to remedy the failure.

(2)

Intentionally left blank —Ed.

(a)

The director shall serve an order under this section on the person named in the order.

(b)

An order issued under this section becomes effective upon service on the person named in the order.

(c)

ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) apply to an order issued under this section.

(d)

Notwithstanding paragraph (c) of this subsection, a person may not obtain a hearing on the order unless the person requests the hearing in writing within 20 days after service of the order.

(e)

A person who does not request a contested case hearing may not obtain judicial review of the order.

(f)

The director may vacate or modify an order issued under this section. A modified order is effective upon service on the person named in the order.

(3)

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 §27]

Source: Section 726.440 — Enforcement orders, https://www.­oregonlegislature.­gov/bills_laws/ors/ors726.­html.

726.010
Definitions
726.020
Short title
726.030
Construction of chapter
726.040
Pawnbroker license required
726.050
Requirements for issuance of license
726.060
Application for license
726.070
Applicant to furnish bond or letter of credit
726.075
Grounds for denial of license
726.080
Issuance and denial of license
726.090
Form of license
726.100
Additional licenses to same applicant
726.110
Change of place of business
726.125
License fees
726.130
Annual report of licensee
726.150
Revocation and suspension of license
726.155
Procedure for license denial, revocation or suspension
726.170
Reinstatement or issuance of new license
726.180
Expiration of license
726.190
Surrender of license
726.250
Investigations and examinations
726.255
Investigation of pawnbrokers
726.260
Rules and rulings
726.270
Prohibited transactions
726.280
Register and records of licensee
726.285
Register and records of transactions by pawnbroker
726.290
Signing of card, stub or record by pledgor
726.300
Contents of pawn ticket
726.310
Person entitled to redeem pledge
726.320
Redemption by mail
726.330
Delivery of pledge upon surrender of pawn ticket
726.340
Loss, destruction or theft of pawn ticket
726.350
Alteration
726.360
Spurious pawn tickets
726.370
Multiple claimants of pledge
726.380
Loss of or injury to pledge
726.390
Interest rates and charges
726.395
Charges related to firearms
726.400
Loan period
726.410
Record of forfeited pledges
726.420
Effect of charging excessive interest or fees
726.440
Enforcement orders
726.450
Tracking pledged articles
726.910
Civil penalties
726.990
Criminal penalties
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