ORS 726.440
Enforcement orders
(1)
The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person has:(a)
Violated, is violating or is about to violate ORS 726.040 (Pawnbroker license required), 726.100 (Additional licenses to same applicant), 726.110 (Change of place of business), 726.130 (Annual report of licensee), 726.270 (Prohibited transactions), 726.280 (Register and records of licensee), 726.285 (Register and records of transactions by pawnbroker), 726.290 (Signing of card, stub or record by pledgor), 726.300 (Contents of pawn ticket), 726.390 (Interest rates and charges), 726.400 (Loan period) or 726.410 (Record of forfeited pledges), a rule adopted under ORS 726.260 (Rules and rulings) or an order issued under this chapter, issue an order to cease and desist from the violation.(b)
Failed to file the annual report required by ORS 726.130 (Annual report of licensee), issue an order to file the report.(c)
Filed information under ORS 726.060 (Application for license), 726.110 (Change of place of business), 726.130 (Annual report of licensee) or 726.250 (Investigations and examinations) that is false or untruthful, issue an order to correct the filing.(d)
Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 726.070 (Applicant to furnish bond or letter of credit), issue an order to remedy the failure.(2)
Intentionally left blank —Ed.(a)
The director shall serve an order under this section on the person named in the order.(b)
An order issued under this section becomes effective upon service on the person named in the order.(c)
ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) apply to an order issued under this section.(d)
Notwithstanding paragraph (c) of this subsection, a person may not obtain a hearing on the order unless the person requests the hearing in writing within 20 days after service of the order.(e)
A person who does not request a contested case hearing may not obtain judicial review of the order.(f)
The director may vacate or modify an order issued under this section. A modified order is effective upon service on the person named in the order.(3)
The authority conferred by this section is in addition to and not in lieu of any other authority conferred on the director. [2005 c.338 §27]
Source:
Section 726.440 — Enforcement orders, https://www.oregonlegislature.gov/bills_laws/ors/ors726.html.
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