ORS 717.290
Cease and desist order
- appeals
(1)
If the Director of the Department of Consumer and Business Services determines that any person has engaged in, is engaging in or is about to engage in any act or practice constituting a violation of ORS 717.200 (Definitions) to 717.320 (Short title) or of any rule adopted or order issued under ORS 717.200 (Definitions) to 717.320 (Short title), the director may:(a)
Order the person to cease and desist from the unlawful act or practice; and(b)
Take any affirmative action as may be necessary to carry out the provisions of ORS 717.200 (Definitions) to 717.320 (Short title), including assessing the costs of any investigation.(2)
Except as provided in subsection (3) of this section, the director may not issue an order under this section without opportunity for a hearing in accordance with ORS chapter 183.(3)
If required for the immediate protection of the public interest, the director may issue a cease and desist order without a hearing in accordance with ORS 183.430 (Hearing on refusal to renew license) (2).(4)
A cease and desist order of the director under ORS 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties) must state the grounds upon which the order is based and, except for a summary order issued in accordance with ORS 183.430 (Hearing on refusal to renew license) (2), does not become effective for at least 20 days after written notice of the order has been sent by registered or certified mail to the person at the person’s principal place of business.(5)
Appeals from a cease and desist order of the director may be taken to the courts of this state as provided by ORS chapter 183. [1999 c.571 §20; 2005 c.338 §23]
Source:
Section 717.290 — Cease and desist order; appeals, https://www.oregonlegislature.gov/bills_laws/ors/ors717.html.
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