justicedao/ipfs_state_laws huggingface dataset:
441-755-0120 When Initial Application Deemed Abandoned (1) An initial application is deemed deficient when: (a) Responses to questions on the application form created by the director are missing or incomplete; (b) Additional documents or information specified in OAR 441-755-0100 are not submitted; (c) Questions raised by the director to clarify information submitted are not answered; or (d) Fees required by OAR 441-755-0020 are not submitted, or are submitted but not honored by the applicant's financial institution or credit card company. (2) An initial application for a check-casher license is deemed abandoned if: (a) The application has been on file for at least three months; (b) The application is deficient; and (c) The applicant has failed to respond to the director's written notice of warning of abandonment within 30 calendar days of the date of warning. (3) Fees paid in connection with an abandoned registration will not be refunded. (4) An applicant whose application has been abandoned may reapply by submitting a new application including new fees. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.512 & 697.514 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0130 Renewal of License (1) A licensee may renew its license or licenses by identifying any principal place of business and licensed locations being renewed, and paying the renewal fees specified in OAR 441-755-0010. New locations may be added during this process. (2) Renewal fees must be actually received by the Director on or before the last business day in December. Fees submitted but subsequently not honored by the licensee’s financial institution or credit card company are considered not received. (3) If not timely renewed, a license will automatically expire and become void without further action of the Director. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.514 History: FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0140 Change of Licensed Location (1) When a licensee wishes to change the place of business of a licensed location, the licensee must submit to the director the original license for that location, together with a written notice identifying the new location and the proposed effective date of the change. The proposed effective date may not be prior to the date of notice to the director. The licensee must make a photocopy of the current license and post it at the licensed location. The photocopied license is valid only until the effective date reflected on the amended license and is then void. (2) The director will amend the license to reflect the new location and the effective date of the change and return an amended original license to the licensee. (3) No fee is required for issuing an amended license. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.510, 697.514 & 697.530 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0150 Material Changes (1) A licensee must make written notification to the director if there is a material change to any information the licensee previously filed with the director. (2) A material change includes the following: (a) Change to or a new item required to be disclosed under OAR 441-755-0100(6); (b) Change in form of ownership not resulting in a change of control; (c) Change of address of the principal place of business; (d) Discontinuing check-cashing activity at a licensed location; (e) Change in fees charged; (f) Identifying a significant error in the data provided in an annual report; (g) Moving required records to a new location. (3) Written notification must include the updated or corrected information, may be made by in-person delivery, mail or fax, and must be made within 30 calendar days of the occurrence of the material change. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.510, 697.526 & 697.530 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0160 Assignment or Transfer of License Prohibited (1) The following events will be considered an assignment or transfer of the license, which is prohibited by ORS 697.514: (a) A change in control of the licensee; (b) The sale or assignment of all or substantially all assets of the licensee's business to another person; (c) The merger of a licensee with another business that is not a licensed check-casher; or (d) A reorganization of the licensee's form of business entity into another form of business entity, if the reorganization results in a change of control. (2) On the effective date of any event described in section (1) of this rule, the licensee's license or licenses become void, and the licensee must surrender the license or licenses to the director within 10 business days of the event. (3) If the entity that survives the event described in section (1) of this rule desires and intends to engage in a check-cashing business, it may not engage in a check-cashing business under the former entity's license but must apply and qualify for the license as a new applicant. The application may be submitted prior to the effective date of the event described in section (1) of this rule. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.514 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0170 Termination of License (1) A licensee must notify the director in writing of its decision to cease operations as a check-cashing business within seven days of its decision, and return all licenses to the director within 30 days after it has voluntarily ceased operations in this state. (2) A licensee that fails to timely renew or chooses not to renew the license of a licensed location must return that license to the director within 15 days of the expiration date of the license. (3) A licensee that has had its license or licenses suspended or revoked by the director, following opportunity for hearing as provided in ORS 697.540(2), must return the suspended or revoked license or licenses within 15 days of being notified of the entry of the Final Order. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.504, 697.514 & 697.540 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0200 Posting of Information (1) A licensee must conspicuously post the following items at each licensed location: (a) The license issued for that location by the Director; and (b) The fees the licensee will charge customers. (2) For an automated check-cashing machine, the items may be displayed on the terminal screen or permanently affixed to the machine. (3) For a mobile unit, the items may be displayed in a window of the mobile unit when it is stopped during the check-cashing activity, or affixed to the outside of the mobile unit. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.504 & 697.526 History: FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0210 Unfair or Deceptive Practices It is an unfair or deceptive practice for a licensee to: (1) Impose fees contrary to posted information at the location where the payment instrument is cashed. (2) Refuse to accept valid and current government-issued photo identification presented by the customer, resulting in greater fees being charged to the customer. (3) Charge fees other than the rate most favorable to the consumer when a payment instrument could fit into more than one category described in ORS 697.520. (4) Limit the amount of cash provided to a customer or require a customer to receive a payment, in whole or in part, by a method that causes the customer to pay additional or further fees to the licensee or other persons. This section does not apply to a transaction initiated by a customer request for a money order or other alternative forms of payment. (5) Require a customer to cash separate payment instruments in a manner to avoid the limitations on the fees that may be charged. (6) Alter or delete any information on a cashed payment instrument. (7) Charge check-cashing fees on a postdated payment instrument accepted from a customer in a payday loan transaction with a licensee that also holds a short-term lending license. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.520 & 697.530 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0220 Responsibility for Actions at Licensed Locations Regardless of the employment relationship between the licensee and any manager or staff person in a licensed location, the licensee will be held responsible for any check-cashing statute or rule violation that occurs in the licensed location. The licensee may not delegate or assign this responsibility by contract or otherwise. Statutory/Other Authority: ORS 697.550 Statutes/Other Implemented: ORS 697.540 & 697.542 History: FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0300 Required Books and Records (1) For each payment instrument cashed, the licensee must record the following information: (a) The face value amount of the payment instrument; and (b) The fee charged. (2) The information required in section (1) of this rule may be maintained manually or in electronic format. (3) Records for all licensed locations may be maintained at the licensee's principal place of business. Statutory/Other Authority: ORS 697.528 & 697.550 Statutes/Other Implemented: ORS 697.526 & 697.528 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 7-2009, f. & cert. ef. 9-9-09 FCS 8-2007, f. & cert. ef. 11-30-07
441-755-0310 Annual Report To assist the director to determine whether examination of a licensee is necessary, each licensee must submit a report by April 1 for the previous calendar year's check-cashing activities for each licensed location, including: (1) The total number of payment instruments cashed; (2) The total amount of the face values of all payment instruments cashed; and (3) The total amount of fees charged for all payment instruments cashed. Statutory/Other Authority: ORS 697.528 & 697.550 Statutes/Other Implemented: ORS 697.528 History: FCS 3-2012, f. & cert. ef. 7-23-12 FCS 7-2009, f. & cert. ef. 9-9-09 FCS 8-2007, f. & cert. ef. 11-30-07
441-810-0000 Definitions The definitions of terms used in ORS 697.005 to 697.098, 697.990 to 697.992 and the rules of this OAR chapter 441 divisions 800 and 810, are: (1) “Director” means the director of the Department of Consumer and Business Services. (2) “Employed” means working for a salary or wages. (3) “Person” means any legal entity, including individuals, corporations, associations, firms and partnerships. (4) “Repossessor” means a person who takes possession of an item when the installment payment has been defaulted and the creditor has the right to repossess. (5) “Solicitor” means a person who attempts to obtain clients for a collection agency or payments due a client of a collection agency. (6) “Trust Account” means a financial institution checking account designated “client trust account” in which all funds received or handled by the collection agency on behalf of the agency’s clients are deposited. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.085 History: FCS 4-2000, f. & cert. ef. 3-9-00 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0001
441-810-0020 Duration of Registration All registrations shall be issued on the date all registration qualifications are met. Registrations issued before November 1st shall expire at the end of the calendar year. Registrations issued on or after November 1st shall expire at the end of the following calendar year. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.031(3) History: FSR 6-2017, f. & cert. ef. 4-14-17 DC 16-1984, f. & cert. ef. 5-1-84, Renumbered from 814-101-0005 DC 3-1984, f. & cert. ef. 1-16-84 DC 15-1982, f. & cert. ef. 7-26-82
441-810-0030 Renewal A certificate of registration may be renewed on or before the renewal date by submitting a request to renew the license through the Nationwide Multistate Licensing System along with payment of the required fee and submission of a current list of solicitors with desk names. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.031(3) History: FSR 6-2017, f. & cert. ef. 4-14-17 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0010 DC 15-1982, f. & cert. ef. 7-26-82 DC 7-1981(Temp), f. & cert. ef. 7-1-81
441-810-0040 Application (1) Application for registration shall be submitted through the Nationwide Multistate Licensing System and must be accompanied by the required fee. (2) Applications shall include: (a) The information required by ORS 697.031(1)(a) through (e); (b) The name of the collection agency trust account, account number and financial institution name and address; (c) Telephone number of the collection agency business; (d) Name of the collection agency business manager; and (e) Address of all business locations. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.031 History: FSR 6-2017, f. & cert. ef. 4-14-17 FCS 4-2000, f. & cert. ef. 3-9-00 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0015 DC 15-1982, f. & cert. ef. 7-26-82
441-810-0050 Update Filings At least ten days prior to a change of ownership, business address, business manager, or change in information relating to the trust account, the collection agency business shall notify the Director of the changes by filing the appropriate forms through the Nationwide Multistate Licensing System. Statutory/Other Authority: ORS 697.085 Statutes/Other Implemented: ORS 697.031(3) History: FSR 6-2017, f. & cert. ef. 4-14-17 FCS 4-2000, f. & cert. ef. 3-9-00 FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0020 DC 15-1982, f. & cert. ef. 7-26-82 DC 7-1981(Temp), f. & cert. ef. 7-1-81
441-810-0060 Assumed Business Name Before registration or renewal of registration of a collection agency business: (1) An individual using an assumed business name shall be registered with the Secretary of State. (2) A corporation must be registered to do business in Oregon with the Secretary of State. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.0031(1) History: FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 12-1984, f. & cert. ef. 4-17-84, Renumbered from 814-101-0026 DC 3-1984, f. & cert. ef. 1-16-84
441-810-0070 Return of Accounts (1) Immediately upon receipt of a certified mail request from the client, a collection agency business shall cease all collection attempts, unless a written contract requires otherwise. (2) A collection agency business shall return all accounts to the client within 20 days from the receipt of the certified mail request from the client. Return of accounts shall include an itemized status report for the accounts being closed, showing name, amount assigned, payments collected, and amount still owing. (3) If a client requests the return of accounts and there are no stipulations otherwise in a written contract, the collection agency must return all documents given it relating to the accounts; however, the collection agency’s own work papers, contact sheets, etc., are the sole property of the collection agency, and need not be sent to the client. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.045(2) History: DC 2-1986, f. & ef. 1-3-86, Renumbered from 814-101-0031 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0040
441-810-0080 Office Closure When an agency permanently closes an office, it shall notify the Director, by submitting the appropriate notice through the Nationwide Multistate Licensing System, within five days from closure and provide the following information to the Director: (1) Disposition or location of records and clients' moneys. (2) Name and address of a contact person for future inquiries. Statutory/Other Authority: ORS 697.085 Statutes/Other Implemented: ORS 697.031(3) History: FSR 6-2017, f. & cert. ef. 4-14-17 FCS 4-2000, f. & cert. ef. 3-9-00 FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0036
441-810-0090 Joint Trust Accounts A trust account may not be used jointly as a trust account and an operating account. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.058 History: DC 3-1984, f. & ef. 1-16-84, Renumbered from 814-101-0050
441-810-0100 Audits Collection agencies being audited shall provide working space in their office for the auditor or, if office space is not available, submit the records being audited to the Director within ten working days of the request for records. Statutory/Other Authority: ORS 697.085 Statutes/Other Implemented: ORS 697.632 History: FCS 4-2000, f. & cert. ef. 3-9-00 DC 3-1984, f. & ef. 1-16-84, Renumbered from 814-101-0055
441-810-0110 Audit Charges Collection Agencies Pay to the Director (1) Audit charges shall be paid upon receipt of the invoice. (2) The rate of charge payable by a collection agency is $75 an hour for each person used in performance of the audit conducted under ORS 697.058(5). (3) Notwithstanding section (2) of this rule: (a) If a person from the Collection Agency Program is required to travel out of state to perform the work described by section (2) of this rule, the rate of charge is $75 per hour plus cost to the Program of travel and subsistence for each such person; (b) If the work described in section (2) of this rule is performed by a consultant hired by contract for the particular work, the charge payable by the collection agency is the actual cost to the Program of the contract consultant. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.058(5) History: FCS 8-2008, f. & cert. ef. 8-28-08 FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 3-1984, f. & ef. 1-16-84, Renumbered from 814-101-0060
441-810-0120 Claims (1) Persons having a claim against a collection agency may notify the Director by mail. The information shall include: (a) Name, address and telephone number of the claimant; (b) Name, address and telephone number of the collection agency; (c) The amount of money involved; (d) A brief statement of the nature of the claim; (e) A copy of the contract with relevant documents attached. (2) If a court judgment is the basis for the claim, a copy of the judgment shall be attached. Statutory/Other Authority: ORS 697.085 Statutes/Other Implemented: ORS 697.058(5) History: FCS 4-2000, f. & cert. ef. 3-9-00 FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 12-1984, f. & ef. 4-17-84, Renumbered from 814-101-0070
441-810-0130 Response to Claims (1) A copy of a claim received by the Director shall be sent to the collection agency. (2) The collection agency is required to respond in writing to the Director within 15 working days. Statutory/Other Authority: ORS 697.085 Statutes/Other Implemented: ORS 697.058(5) History: FCS 4-2000, f. & cert. ef. 3-9-00 FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 12-1984, f. & ef. 4-17-84, Renumbered from 814-101-0072
441-810-0140 Civil Penalties Civil penalties shall be $400 for the first offense and $1,000 for each subsequent offense. Statutory/Other Authority: ORS 697 Statutes/Other Implemented: ORS 697.095 History: DC 12-1984, f. & ef. 4-17-84, Renumbered from 814-101-0075
441-810-0150 Fees (1) Fees established for the Program are: (a) Initial registration, $350; (b) Registration renewal, $120; (c) Duplicate registration, $10; (d) Certification of registration, $5. (2) The director may by order reduce the fees assessed for any specific year. Statutory/Other Authority: ORS 697.031 Statutes/Other Implemented: ORS 697.031 History: FCS 3-2005, f. & cert. ef. 9-6-05 FCS 9-2000, f. & cert. ef. 9-13-00 FCS 9-1988, f. 4-12-88, cert. ef. 5-1-88 DC 3-1984, f. & cert. ef. 1-16-84, Renumbered from 814-101-0035 & 814-101-0100 CD 22-1983(Temp), f. 10-14-83, cert. ef. 11-1-83 DC 15-1982, f. & cert. ef. 7-26-82 DC 7-1981(Temp), f. & cert. ef. 7-1-81
441-810-0160 Office and Trust Account Location (1) The provisions of ORS 697.058(1), (2), (4), and (5) requiring that a registrant maintain an office location and client trust account in this state are waived provided the registrant submits a written request for waiver; and, (a) Has been registered by the State of Oregon for the two years immediately preceding the request; or (b) Has been subject to regulation of the registrant’s collection agency activities by another state with laws substantially similar to Oregon’s Collection Agency Act for at least five years immediately preceding the request. (2) Persons who do not qualify for a waiver pursuant to subsection 1 of this section may qualify for a waiver provided they: (a) Submit a written request for waiver; (b) Agree to pay the cost of out of state audits; and (c) Submit an additional $5,000 bond, which is in addition to the bonding requirements of ORS 697.031(2)(a). Statutory/Other Authority: ORS 697.058(9) Statutes/Other Implemented: ORS 697.058(5) History: FCS 4-2000, f. & cert. ef. 3-9-00
441-810-0200 Applicability of Rules, Definition (1) OAR 441-810-0200 to 441-810-0250 apply to the practices of a collection agency that enters into an agreement with an obligee to collect child support payments as provided in ORS 25.020. (2) For the purposes of OAR 441-810-0200 to 441-810-0250, the term “debtor” includes the debtor’s spouse, parent (if the debtor is a minor), guardian, executor, or administrator. Statutory/Other Authority: ORS 697.085 & Ch. 421, Sec. 4 & 2003 OL Statutes/Other Implemented: ORS 25.020 & Ch. 421, Sec. 4 & 2003 OL History: FCS 6-2003, f. 12-30-03 cert. ef. 1-1-04
441-810-0210 Acquisition of Location Information Any collection agency communicating with any person other than the debtor for the purpose of acquiring location information about the debtor shall: (1) Identify himself, state that he is confirming or correcting location information concerning the debtor, and, only if expressly requested, identify his employer; (2) Not state that such debtor owes any debt; (3) Not communicate with any such person more than once unless requested to do so by such person or unless the collection agency reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; (4) Not communicate by post card; (5) Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the collection agency is in the debt collection business or that the communication relates to the collection of a debt; and (6) After the collection agency knows the debtor is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the collection agency. Statutory/Other Authority: ORS 697.085 & Ch. 421, Sec. 4 & 2003 OL Statutes/Other Implemented: ORS 25.020 & Ch. 421, Sec. 4 & 2003 OL History: FCS 6-2003, f. 12-30-03 cert. ef. 1-1-04