Department of Consumer and Business Services

ORS 705.640
Enforcement authority regarding conduct of banking business

  • court order
  • cease and desist order
  • civil penalty


(1)

Whenever the Director of the Department of Consumer and Business Services has reason to believe that a person is violating a provision of ORS 705.638 (“Company” defined), 707.005 (Organization required to engage in banking or trust business) or 707.010 (Certificate required to transact banking business), the director:

(a)

Shall have access to the premises where the person is suspected of transacting banking business in violation of ORS 705.638 (“Company” defined), 707.005 (Organization required to engage in banking or trust business) or 707.010 (Certificate required to transact banking business) or where the person may have books, accounts and records; and

(b)

Shall have the power to examine, copy or take possession of the books, accounts and records of the person in order to ascertain whether or not the person has violated or is violating any provision of ORS 705.638 (“Company” defined), 707.005 (Organization required to engage in banking or trust business) or 707.010 (Certificate required to transact banking business).

(2)

If a person refuses to grant access to the premises or refuses to comply with the provisions of subsection (1) of this section, the director may apply for an order to require compliance with the provisions of subsection (1) of this section from a court that has jurisdiction over the matter.

(3)

When the director believes, from evidence satisfactory to the director, that a person is violating the provisions of ORS 705.638 (“Company” defined), 707.005 (Organization required to engage in banking or trust business) or 707.010 (Certificate required to transact banking business), the director may:

(a)

Issue an order finding the person in violation, directing the person to cease and desist from the violation and assessing a penalty equal to the costs of investigation plus $1,000, but not exceeding $5,000; and

(b)

Publish notice of an order issued by the director pursuant to paragraph (a) of this subsection.

(4)

An order under this section remains in effect until the director or a court withdraws the order. [2001 c.315 §46; 2009 c.541 §27]

Source

Last accessed
Jun. 26, 2021