ORS 725A.518
Supervisory powers of director

  • examination of licensee
  • charge for costs of examination
  • multistate cooperation
  • rules

(1)

The Director of the Department of Consumer and Business Services has general supervisory authority over:

(a)

Each licensee in this state;

(b)

Any person that services a student loan in this state, if the person is subject to ORS 725A.500 (Definitions) to 725A.530 (Ombudsman) or if the director required the person to obtain a license under ORS 725A.503 (Prohibition on servicing student loan without license) (3); and

(c)

Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to service a student loan.

(2)

Intentionally left blank —Ed.

(a)

The authority described in subsection (1) of this section includes the authority to examine a licensee or a person described in subsection (1) of this section at any time.

(b)

The director may charge and collect from a licensee or a person the director examines under this section the costs the director incurs in conducting the examination.

(3)

In order to conduct an examination under this section, the director may:

(a)

Retain attorneys, accountants or other professionals and specialists as examiners, auditors or investigators.

(b)

Enter into agreements or relationships with other government officials or regulatory associations to share resources, to use and create standardized methods, procedures, documents, databases, records, information or evidence, to reduce the director’s regulatory burden or to improve efficiency.

(c)

Participate in multistate examinations that the Conference of State Bank Supervisors or the federal Consumer Financial Protection Bureau schedules and conducts. In conducting an examination under this paragraph, the director shall follow the protocol that the conference or bureau establishes for the examination.

(d)

Accept and rely on examination or investigation reports from other government officials in this or another state.

(4)

Books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence the director obtains in an examination under this section is confidential and subject to the provisions of ORS 705.137 (Information that is confidential or not subject to disclosure), except that a borrower may request to inspect material related to the borrower’s student loan that the director by rule specifies is available for inspection. The director shall authenticate the borrower’s identity before disclosing any material to the borrower.

(5)

The director may adopt rules for the purpose of implementing ORS 725A.500 (Definitions) to 725A.530 (Ombudsman). [2021 c.651 §7]
Note: 725A.518 (Supervisory powers of director) becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.
(Required Practices, Prohibitions and Enforcement)

Source: Section 725A.518 — Supervisory powers of director; examination of licensee; charge for costs of examination; multistate cooperation; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors725A.­html.

725A.010
Definitions
725A.012
Application
725A.020
Licensing requirement
725A.022
License application
725A.024
License application approval
725A.026
Grounds for disapproving license application
725A.028
License fee
725A.030
Annual report
725A.032
Business name and location
725A.034
License revocation and suspension
725A.036
License reinstatement
725A.038
License surrender
725A.040
Effect of license revocation, suspension or surrender
725A.050
Director’s power to examine or investigate
725A.052
Record keeping requirements
725A.054
Duty to report defalcation
725A.056
Loan disclosure requirements
725A.058
Dissemination of false, misleading or deceptive statement
725A.060
Prohibited conduct generally
725A.062
Prohibited conduct for title loan lender
725A.064
Prohibited conduct for payday loan lender
725A.080
Complaint and administrative remedy
725A.082
Cease and desist order
725A.084
Suspension or removal of officer or director of licensee
725A.086
Limitation of personal liability
725A.090
Loan tracking and counseling system
725A.092
Rules
725A.500
Definitions
725A.503
Prohibition on servicing student loan without license
725A.506
Application for licensing
725A.509
Duties of licensee
725A.512
Requirement to maintain liquidity, operating reserves and tangible net worth
725A.515
Required notifications from licensee to director
725A.518
Supervisory powers of director
725A.521
Required practices under federal student loan agreement
725A.524
Investigation of complaints
725A.527
Violations
725A.530
Ombudsman
725A.990
Penalties
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