Trade Regulation

ORS 646A.164
Complaints and investigations confidential

  • exceptions


(1)

Except as provided in subsection (3) of this section, a complaint made to the director against any person regulated by ORS 646A.150 (Applicability of ORS 646A) to 646A.172 (Rules), 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy), and the record thereof, shall be confidential, and shall not be disclosed or available for public inspection or review. No such complaint, or the record thereof, shall be used in any action, suit or proceeding except to the extent it is essential to the prosecution of apparent violations of ORS 646A.150 (Applicability of ORS 646A) to 646A.172 (Rules), 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy).

(2)

Except as provided in subsection (3) of this section, data gathered pursuant to any investigation by the director shall be confidential, and shall not be disclosed or available for public inspection or review. The data shall not be used in any action, suit or proceeding except to the extent it is essential in the investigation or prosecution of apparent violations of ORS 646A.150 (Applicability of ORS 646A) to 646A.172 (Rules), 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy).

(3)

Notwithstanding subsections (1) and (2) of this section, the director may disclose any complaint and any data gathered pursuant to ORS 646A.150 (Applicability of ORS 646A) to 646A.172 (Rules), 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) to any state, federal or local enforcement agency. The recipient agency may use the complaint and data for any official purpose, including the civil enforcement of laws subject to the agency jurisdiction. [Formerly 646.277]

Source

Last accessed
May 26, 2023