OAR 137-020-0100
Plain Language

(1)

Definitions: For purposes of this rule:

(a)

“Department” is defined as Oregon Department of Justice;

(b)

“Consumer Contract” is defined in ORS 180.540 (Review of consumer contracts for conformity with plain language standards)(3) and does not include contracts which state agencies other than the Department may review under 180.540 (Review of consumer contracts for conformity with plain language standards)(2);

(c)

“Reasonable Fees” includes the prevailing billing rate which the Department has established in OAR 137-008-0010 (Fees for Public Records and Publications).

(2)

Application: Any seller or extender of credit may submit a consumer contract to the Department by:

(a)

Completing an application for review. The application may be obtained by calling or writing the Financial Fraud Section, 100 Justice Building, Salem, OR 97310, (503) 378-4732;

(b)

Including a $250 fee for each contract to be reviewed, and such additional “reasonable fees” as the Department determines is necessary to review the contract;

(c)

Submitting three copies of the contract to be reviewed;

(d)

Underlining in red any words, phrases or provisions which are specifically required, recommended or endorsed by a state or federal statute, rule or regulation.

(3)

Review: After a contract is submitted the Department will:

(a)

Return the contract and the fee if the Department determines that the contract submitted for review is not a consumer contract; or

(b)

Certify the consumer contract meets Oregon Plain Language guidelines if it meets the standards set forth in ORS 180.540 (Review of consumer contracts for conformity with plain language standards), et seq.;

(c)

Inform the person submitting the contract that the contract does not comply with Oregon’s Plain Language Standard. The Department shall provide a brief explanation of its determination. The explanation need not include every reason for non-compliance and corrections of each stated deficiency will not assure compliance;

(d)

Return any fees charged over and above the initial $250 filing fee to the extent the fee exceeded the cost of review.

(4)

Certification: Certification of a consumer contract under this rule is not an approval of the contract’s legality or legal effect. The fact that a consumer contract has been certified or not certified shall not be admissible in any action to interpret or enforce a contract or any term of a contract.

(5)

No person may use a contract which represents it meets Oregon’s Plain Language guidelines unless the person has received certification of the contract pursuant to this rule.

(6)

Any oral or written reference to the Department’s certification must be accompanied by the following statement:
The Department of Justice Certification of a contract under the Plain Language Contract Act is not an approval of the contract’s legality or legal effect.

Source: Rule 137-020-0100 — Plain Language, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-020-0100.

137–020–0010
Trade Practices Act 137–020–0015
Misleading Use of “Free” Offers and Rebates 137–020–0020
Motor Vehicle Price and Sales Disclosure 137–020–0025
Mobile Home Consignment 137–020–0030
Updating 137–020–0040
Adoption of FTC Used Car Rule, Federal Truth-in-Lending Act, and Federal Consumer Leasing Law 137–020–0050
Motor Vehicle Advertising 137–020–0100
Plain Language 137–020–0150
Gasoline Price Advertising 137–020–0160
Sales Practices 137–020–0200
Definitions 137–020–0201
Registration 137–020–0202
Filing Information 137–020–0203
Information to Be Provided Each Prospective Purchaser 137–020–0205
Refusal to Issue or Renew Registration 137–020–0250
Loan Brokers and Misleading Activities 137–020–0261
Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods 137–020–0300
Unordered Real Estate, Goods, or Services 137–020–0410
Definitions and Exemptions 137–020–0420
Rules of Unique Application to Contests 137–020–0430
Rules of Unique Application to Sweepstakes 137–020–0440
Prohibitions Applicable to All Promotions (Including Schemes, Sweepstakes, and Contest) 137–020–0460
Requests for Removal from Sweepstakes Promotion Mailing List 137–020–0505
Manufactured Dwelling Rules 137–020–0520
Definitions 137–020–0535
Unfair Trade Practices 137–020–0550
Manufactured Dwelling Purchase Agreement 137–020–0565
Landlord’s Written Site Improvement Disclosure Statement 137–020–0600
Misrepresentation of Notarial Powers 137–020–0705
Purpose 137–020–0707
Definitions 137–020–0709
Standards and Guidelines for Mediation 137–020–0711
Mediator Qualifications and Training 137–020–0713
Costs of Participation, Collection of Data 137–020–0800
Definitions 137–020–0805
Unfair and Deceptive Acts in Mortgage Loan Servicing
Last Updated

Jun. 8, 2021

Rule 137-020-0100’s source at or​.us