ORS 697.732
Examinations
- investigations
- costs
- access
- public disclosure requirements and exemptions
(1)
To enforce the provisions of ORS 697.612 (Registration requirement) and 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider), the Director of the Department of Consumer and Business Services may:(a)
Examine a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) and the debt management service provider’s or the person’s accounts for the purpose of investigating a violation of ORS 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider).(b)
Undertake an investigation, including an investigation outside this state, that the director considers necessary to:(A)
Determine whether a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) violated, is violating or is about to violate ORS 697.612 (Registration requirement) or 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) or a rule the director adopted under ORS 697.632 (Registration procedure); or(B)
Aid in enforcing the provisions of ORS 697.612 (Registration requirement) and 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) and in formulating rules for adoption under ORS 697.632 (Registration procedure).(c)
Require a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) to file a written statement, under oath or otherwise, that addresses a matter the director is investigating.(d)
Administer oaths and affirmations, subpoena witnesses, compel the witnesses to attend, take evidence and require a person that the director is investigating to produce books, papers, correspondence, memoranda, agreements or other documents or records that the director deems relevant or material to the investigation. A witness who appears before the director under a subpoena shall receive the fees and mileage described in ORS 44.415 (Fees and mileage of witnesses) (2).(e)
Charge and require a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) to pay for the reasonable cost of an examination or investigation conducted under this section in an amount the director specifies.(2)
If a person does not comply with a subpoena that the director issues under this section, a circuit court in this state upon the director’s application shall begin contempt proceedings to compel compliance in the same manner in which the court would compel compliance with a subpoena in a civil action.(3)
A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) shall provide the director for the purpose of investigating a violation of ORS 697.612 (Registration requirement) or 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) with free access to the debt management service provider’s or the person’s offices, places of business, books, accounts, records, papers, files, safes and vaults.(4)
Intentionally left blank —Ed.(a)
The director shall maintain for public inspection a record of any order the director issued that:(A)
Suspended, revoked or refused to renew a person’s registration as a debt management service provider; or(B)
Imposed a civil penalty under ORS 697.832 (Civil penalties).(b)
The record that the director maintains of the director’s order shall show:(A)
The form of the order that the director issued;(B)
The name of the person that is the subject of the order; and(C)
The grounds for the action that the director took in the order.(c)
The director shall maintain as a public record any notice or other information that indicates that a collection on a deposit or on the bond required under ORS 697.642 (Bond requirement) has occurred.(d)
Except as provided in this subsection, records, reports and other information that the director receives or compiles as a result of an investigation conducted under this section are exempt from the disclosure required under ORS 192.314 (Right to inspect public records). [1983 c.17 §15; 2005 c.338 §17; 2009 c.604 §13]
Source:
Section 697.732 — Examinations; investigations; costs; access; public disclosure requirements and exemptions, https://www.oregonlegislature.gov/bills_laws/ors/ors697.html.
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