ORS 725A.527
Violations
- orders of director
- remedies
- civil penalties
- charge for costs of proceeding
(1)
If, after conducting an investigation, the Director of the Department of Consumer and Business Services determines that a person that services a student loan has violated ORS 725A.500 (Definitions) to 725A.530 (Ombudsman), violated a rule the director adopted or an order the director issued under ORS 725A.500 (Definitions) to 725A.530 (Ombudsman) or violated another applicable law, the director may order the person to:(a)
Cease and desist from any act that constitutes a violation of ORS 725A.500 (Definitions) to 725A.530 (Ombudsman).(b)
Resolve any complaint the director received under ORS 725A.524 (Investigation of complaints) and pay the borrower that submitted the complaint any damages to which the borrower would be entitled under law.(c)
Pay a borrower any amount the person received from the borrower as compensation while engaging in any action that constituted a violation of ORS 725A.500 (Definitions) to 725A.530 (Ombudsman).(2)
Intentionally left blank —Ed.(a)
In addition to and not in lieu of any other penalty provided by law, the director may impose a civil penalty under ORS 183.745 (Civil penalty procedures) in an amount of not more than $5,000 for each instance in which a person violates, aids or abets another person in violating, or procures a violation of ORS 725A.500 (Definitions) to 725A.530 (Ombudsman) or an order the director issues under ORS 725A.500 (Definitions) to 725A.530 (Ombudsman).(b)
Each instance described in paragraph (a) of this subsection is a separate violation and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation.(3)
The director may assess the costs of conducting an administrative proceeding under this section against the person that is the subject of the administrative proceeding or may include the costs of the administrative proceeding in any civil penalty the director imposes under this section.(4)
A person that is subject to a civil penalty under this section may appeal the penalty as provided in ORS chapter 183.(5)
The director shall deposit any amount the director receives under this section to the General Fund of the State Treasury. [2021 c.651 §10]
Source:
Section 725A.527 — Violations; orders of director; remedies; civil penalties; charge for costs of proceeding, https://www.oregonlegislature.gov/bills_laws/ors/ors725A.html.
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