ORS 697.752
Grounds for denial, revocation or suspension of registration


The Director of the Department of Consumer and Business Services may deny, suspend, condition, revoke or refuse to issue or renew a registration as a debt management service provider if the director determines that an applicant or debt management service provider:

(1)

Cannot meet financial obligations as the obligations mature, has liabilities that exceed assets or is in a financial condition that prevents the applicant or debt management service provider from continuing in business with safety to consumers;

(2)

Engaged in dishonest, fraudulent or illegal practices or conduct in a business or profession, or unfair or unethical practices or conduct in connection with a debt management service;

(3)

Filed, knowingly or negligently, false or untruthful information with the director under ORS 697.632 (Registration procedure);

(4)

Violated a provision of ORS 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);

(5)

Filed an application for registration that on the date the director issued a registration or on the date the director denied, suspended, conditioned or revoked a registration was incomplete in a material respect or contained a statement that was false or misleading with respect to a material fact in light of the circumstances in which the applicant or debt management service provider made the statement;

(6)

Failed to account to interested persons for money or property the applicant or debt management service provider received;

(7)

Was temporarily or permanently enjoined from engaging in or continuing a conduct or practice involving a debt management service by a court of competent jurisdiction;

(8)

Is subject to a director’s order that denied, suspended, conditioned or revoked a registration as a debt management service provider, or a license or registration that the director issued under another provision of law;

(9)

Is subject to a cease and desist order that the director entered within the previous five years after giving the applicant or debt management service provider notice and an opportunity for a hearing;

(10)

Demonstrated negligence or incompetence in performing a debt management service or an act, the performance of which requires the applicant or debt management service provider to obtain a registration or license;

(11)

Failed to supervise diligently and control an employee’s or agent’s actions related to a debt management service that the applicant or debt management service provider performed;

(12)

Was convicted of a felony or of a misdemeanor for which an essential element is fraud, either as an individual that is subject to the requirement to register as a debt management service provider or as a member, partner, officer, director or principal of an applicant or debt management service provider;

(13)

Reduced the amount of the bond required under ORS 697.642 (Bond requirement) or allowed the bond to lapse;

(14)

Knowingly made a false entry in a consumer’s record; or

(15)

Knowingly mutilated, destroyed or otherwise disposed of a consumer’s record unless the record concerns a consumer that no longer receives a debt management service from the applicant or debt management service provider or the record is not subject to the retention requirement set forth in ORS 697.672 (Requirement to make, keep and maintain records). [1983 c.17 §16; 1989 c.209 §3; 2005 c.338 §18; 2009 c.604 §14]

Source: Section 697.752 — Grounds for denial, revocation or suspension of registration, https://www.­oregonlegislature.­gov/bills_laws/ors/ors697.­html.

697.005
Definitions for ORS 697.005 to 697.095
697.015
Registration requirement
697.031
Registration procedure
697.039
Revocation, suspension or refusal to issue or renew registration
697.045
Status of accounts and claims assigned to agency
697.053
Registration exclusive regulation
697.058
Agency records
697.063
Status of business records and bank accounts following revocation of registration
697.085
Rules
697.086
Rules for collection of child support payments
697.087
Injunction
697.091
Fees or compensation received in violation of law
697.093
Enforcement
697.094
Orders issued under ORS 697.093
697.095
Civil penalties
697.105
Fee for collection of debt owed public body
697.107
Prohibition on use of public agency or public official seal or letterhead
697.115
Fee for collection of commercial debt
697.500
Definitions for ORS 697.500 to 697.555
697.502
Exemptions from licensing and record-keeping requirements
697.504
Licensing requirement
697.510
License application form and contents
697.512
Application fee and investigation fee
697.514
Application review and license issuance
697.520
Prohibited practices
697.522
Receipt
697.524
Endorsement and deposit of payment instruments
697.526
Notice of fees and charges
697.528
Records
697.530
Prohibited conduct
697.540
Suspension or revocation of license
697.542
Powers of director
697.550
Rules
697.555
Civil penalties
697.602
Definitions for ORS 697.602 to 697.842
697.612
Registration requirement
697.632
Registration procedure
697.642
Bond requirement
697.652
Written agreement and budget analysis requirement
697.662
Prohibited practices
697.672
Requirement to make, keep and maintain records
697.682
Trust accounts for client funds
697.692
Fees
697.702
Interference with records of debt management service provider
697.707
Required disclosures
697.718
Liability for consumer’s ascertainable loss
697.722
Execution or attachment of trust account funds
697.732
Examinations
697.752
Grounds for denial, revocation or suspension of registration
697.762
Enjoining violations
697.822
Remedy not exclusive
697.825
Enforcement
697.832
Civil penalties
697.840
Rules
697.842
Disposition of moneys received by director
697.990
Penalties
697.992
Jurisdiction of courts
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