2017 ORS 86A.330¹
Violations
  • civil penalties
  • costs of investigation

(1) If after conducting an investigation, the Director of the Department of Consumer and Business Services determines that a person that services a residential mortgage loan has violated ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer), a rule the director adopted or an order the director issued under ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) or another applicable law, the director may order the person to:

(a) Cease and desist from any act that constitutes a violation of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer).

(b) Resolve any complaint the director received under ORS 86A.327 (Complaints) and pay the borrower that submitted the complaint any damages to which the borrower would be entitled under law.

(c) Pay a borrower any amount the person received from the borrower as compensation while engaging in any action that constituted a violation of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer).

(2)(a) In addition to and not in lieu of any other penalty provided by law, the director may impose a civil penalty under ORS 183.745 (Civil penalty procedures) in an amount of not more than $5,000 for each instance in which a person violates, aids or abets another person in violating or procures a violation of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) or an order the director issues under ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer).

(b) Each instance described in paragraph (a) of this subsection is a separate violation and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation.

(3) The director may assess the costs of conducting an administrative proceeding under this section against the person that is the subject of the administrative proceeding or may include the costs of the administrative proceeding in any civil penalty the director imposes under this section.

(4) A person that is subject to a civil penalty under this section may appeal the penalty as provided in ORS chapter 183.

(5) The director shall deposit any amount the director receives under this section to the General Fund of the State Treasury. [2017 c.636 §11]

1 Legislative Counsel Committee, CHAPTER 86A—Mortgage Lending, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors086A.­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.