ORS 706.580
Illegal, unauthorized or unsafe practices

  • authority of director

(1)

The Director of the Department of Consumer and Business Services may take an action described in subsection (2) of this section if a banking institution or non-Oregon institution:

(a)

Conducts business in an unsafe or unauthorized manner;

(b)

Refuses to submit records for inspection by an examiner or by the Department of Consumer and Business Services; or

(c)

Violates a law of this state or the United States or a duly issued order of the director.

(2)

If the director believes a condition described in subsection (1) of this section exists, the director may:

(a)

Notify the appropriate bank supervisory agency, with respect to the banking institution or non-Oregon institution, of the director’s determination and the facts and circumstances on which the determination is based;

(b)

Provide the banking institution or non-Oregon institution with a statement of the charges on the basis of which the director determined that the banking institution or non-Oregon institution is violating the law or conducting business in an unsafe or unauthorized manner;

(c)

Notify the banking institution or non-Oregon institution of the date and place of a hearing before the director, or a person designated by the director, with respect to the charges against the banking institution or non-Oregon institution; and

(d)

Conduct a hearing pursuant to the notice given to the banking institution or non-Oregon institution under subsection (1)(c) of this section and make findings with respect to each of the charges specified in the notice to the banking institution or non-Oregon institution.

(3)

After a hearing conducted under subsection (2) of this section, the director may:

(a)

By an order in writing:

(A)

Direct the discontinuance of the illegal, unsafe or unauthorized practices; and

(B)

Direct the banking institution or non-Oregon institution to take affirmative action to correct or remedy a condition that resulted from the illegal, unsafe or unauthorized practice;

(b)

Apply for and obtain an injunction or other appropriate order from a court that has jurisdiction over the matter to enforce the director’s order issued under paragraph (a) of this subsection;

(c)

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

(d)

Suspend or revoke the authority of a non-Oregon institution to open, occupy or maintain a branch or branches in this state. [Amended by 1973 c.797 §31; 1997 c.631 §10; 2009 c.541 §30a]

Source: Section 706.580 — Illegal, unauthorized or unsafe practices; authority of director, https://www.­oregonlegislature.­gov/bills_laws/ors/ors706.­html.

706.005
Definitions for Bank Act
706.008
Additional definitions for Bank Act
706.015
Bank Act references to federal statutes and regulations
706.500
Examination of banking institutions and non-Oregon institutions
706.515
Agreements with other bank supervisory agencies and Financial Crimes Enforcement Network
706.520
Request by directors or stockholders for examination
706.530
Annual fees paid by banking institutions and non-Oregon institutions
706.544
Costs for special examination or other actions taken
706.560
Appraisal of securities and audit
706.570
Requirement that banking institution keep books and accounts
706.575
Certificate as evidence that document is filed with director
706.578
Establishment of loan production office
706.580
Illegal, unauthorized or unsafe practices
706.600
Authority to protect creditors and depositors of banking institution or non-Oregon institution
706.610
Examiners required to report insolvency of Oregon operating institution
706.620
Records
706.630
Regular reports of condition
706.650
Delay or failure to furnish reports of condition
706.655
Records of extensions of credit by banking institutions
706.690
Transfer of stock or controlling interest
706.700
Resignation or retirement of director, president or chief executive officer
706.710
Waiver of retirement or resignation notices
706.720
Reports filed with director
706.723
Confidential documents
706.725
False statements, reports and book entries
706.730
Depositor and debtor information confidential
706.775
Enforcement of Bank Act
706.780
Notice to law enforcement officers of Bank Act violations
706.785
Attorney General to conduct actions
706.790
Rules
706.795
Rules authorizing banking institutions to exercise powers of certain financial institutions
706.815
Single account for moneys relating to supervision of Oregon operating institutions
706.980
Civil penalties
706.990
Criminal penalties
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