justicedao/ipfs_state_laws huggingface dataset:
137-010-0033 Imposition of Civil Penalty (1) In addition to any other action allowed by law, the Attorney General may impose a civil penalty of not more than $2,000 in connection with any violation of ORS 128.610 to 128.769 or related rules, including but not limited to: (a) Failing to file the registration statement required under ORS 128.660; (b) Failing to file an annual report required under ORS 128.670, including any required attachments; (c) Failing to pay any fee required under ORS 128.670; (d) Willfully making a false or misleading statement in a registration statement, annual report, or other document required to be filed under ORS 128.610 to 128.769; (e) Willfully failing to provide the Attorney General, in a timely manner, upon request, documents or information necessary for the Attorney General to: (A) Substantiate representations, statements, or information contained in a registration statement, annual report or other document filed pursuant to ORS 128.610 to 128.769; (B) Establish and maintain the register required under ORS 128.650; or (C) Establish that a charitable organization has properly applied charitable funds received by the organization; or (f) Failing to appear or otherwise comply with an order issued under ORS 128.690. (2) Civil penalties for violations of ORS 128.610 to 128.769 or related rules may be imposed against the charitable organization or upon a charitable fiduciary responsible for the violation. (3) The charitable organization or charitable fiduciary receiving a notice of imposition of civil penalty shall, upon written request be entitled to a contested case hearing before the Attorney General or his designee to dispute the imposition of the penalty or to submit evidence in mitigation. The hearing shall be held and the Attorney General's order may be appealed in accordance with the procedure for contested cases provided in ORS Chapter 183. (4) The Attorney General may file a certified copy of the original notice assessing civil penalties, or of the order entered after hearing, with the clerk of any circuit court in the state, after expiration of the time to request a hearing, or expiration of the time in which to appeal, or after final determination of the matter on appeal, whichever is appropriate, and such notice or order shall be docketed in the judgment docket and may be enforced in the same manner as a judgment. Statutory/Other Authority: ORS 128. 670 & 128.876 Statutes/Other Implemented: ORS 128.670(8) & SB 109 (2007) History: DOJ 8-2015, f. & cert. ef. 7-1-15 DOJ 7-2008, f. & cert. ef. 4-22-08 JD 1-1990, f. & cert. ef. 1-25-90 1AG 2-1981, f. & ef. 12-1-81 1AG 15, f. & ef. 5-27-76
137-010-0034 Mitigating and Aggravating Factors to be Considered In establishing the amount of any civil penalty to be imposed, the Attorney General may consider the following factors and shall cite those found applicable: (1) The past history of the charitable organization or charitable fiduciary in connection with compliance with the requirements of ORS 128.610 to 128.769 and timely filing of required reports or documentation. (2) Whether the cause of the violation was unavoidable, or was due to negligence or the willful or intentional act of the charitable organization or charitable fiduciary. (3) The opportunity and degree of difficulty to correct the violation. (4) The cooperativeness and efforts made by the charitable organization or charitable fiduciary to correct the violation for which the civil penalty is to be imposed. (5) The cost to the Department of Justice and time involved in investigation and correspondence prior to the time the violation is actually corrected. (6) Any other relevant factor. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.670(8) History: DOJ 8-2015, f. & cert. ef. 7-1-15 JD 1-1990, f. & cert. ef. 1-25-90 1AG 1-1981, f. & ef. 12-1-81 1AG 15, f. & ef. 5-27-76
137-010-0040 Place of Filing Registration and annual reports required under ORS Chapter 128 shall be submitted to the Charitable Activities Section, Oregon Department of Justice, 1515 S.W. 5th, Suite 410, Portland, Oregon 97201-5451. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.650, 128.660, 128.670, 128.802, 128.804, 128.807, 128.812, 128.821, 128.826 & 128.841 History: DOJ 8-2015, f. & cert. ef. 7-1-15 JD 1-1990, f. & cert. ef. 1-25-90 JD 2-1982, f. & ef. 12-30-82
137-010-0041 Model APA Rules and Definitions (1) The Attorney General's Model Rules of Procedure Under the Administrative Procedures Act, effective March 2015, are by this reference adopted as the rules and procedures for carrying out the applicable administrative provisions of the Charitable Solicitations Act (ORS 128.801 to 128.898 and 128.995) and ORS 128.610 to 128.769 and 128.896), except as otherwise specifically provided herein. (2) As used in the Charitable Solicitations Act and these rules, solicitation "campaign" means the day the first solicitation, as defined in ORS 128.801(6), is made until the later of the following dates: (a) The last day a solicitation is made; or (b) The day that an entertainment event, if any, occurs in conjunction with the solicitations. (3) As used in ORS 128.821(3), "personal address" means the street address of a person's dwelling, house or usual place of abode. (4) As used in the Charitable Solicitations Act, "clear and conspicuous" means that a message is conveyed in a manner that is readily noticeable and will be readily understood by a person being solicited. The location of a written statement on the reverse side of a document is rebuttably presumed not to be conspicuous. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.670(8)(b), 128.801(6), 128.821(3) & 128.871 History: DOJ 8-2015, f. & cert. ef. 7-1-15 JD 5-1991, f. & cert. ef. 10-22-91 JD 1-1990, f. & cert. ef. 1-25-90
137-010-0043 Denial of Registration or Revocation of Registration of Commercial Fund Raising Firm or Professional Fund Raising Firm (1) After notice and opportunity for hearing as provided in ORS 183.310 et seq., the Attorney General may deny registration or revoke any registration issued to a commercial fund raising firm or professional fund raising firm. The Attorney General shall deny the registration within ten days of receipt of a completed application or the registration shall be deemed to be approved. A hearing shall be granted within 30 days of receipt of a written request for a hearing from the applicant. (2) The Attorney General may revoke a firm’s registration or deny a registration application if the Attorney General finds: (a) A material misrepresentation or false statement in the application for registration or other statement filed with the Attorney General, as provided in the Charitable Solicitations Act or these rules; or (b) Any material violation of ORS 128.821 to 128.861, 128.886 and 128.891 or the rules adopted by the Attorney General pursuant to the Charitable Solicitations Act. (3) A “material misrepresentation” or a “material violation” will be determined on the facts in each individual case. However, the following circumstances shall always constitute material violations: (a) The failure to complete and file a fund raising notice with the Attorney General as required by ORS 128.826 or Section 18, Chapter 532, Oregon Laws 1991, prior to making solicitations; (b) The use of solicitation materials in the course of a solicitation campaign which do not contain the disclosures required by Sections 6 or 20, Chapter 532, Oregon Laws 1991. (4) A false statement is any statement contrary to truth or fact. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.871 History: JD 5-1991, f. & cert. ef. 10-22-91 JD 1-1990, f. & cert. ef. 1-25-90
137-010-0044 Refund of Fees Any refund of $10 or less of a filing fee paid pursuant to the Charitable Solicitations Act or the Charitable Trust and Corporation Act shall be made only upon a written request from a representative of the organization which overpaid the fee. Unless the Department of Justice, in its discretion, agrees to waive the fee, the department shall retain a fee of $25 to process refunds of overpayments of fees paid pursuant to ORS 128.670(7). The department is not required to process refunds as described above, if the amount of the refund due does not exceed $25. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.670 History: JD 5-1991, f. & cert. ef. 10-22-91 JD 1-1990, f. & cert. ef. 1-25-90
137-010-0045 Professional Fund Raising Firm Status (1) “Professional fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or as a nonprofit mutual benefit corporation, who, for compensation or other consideration, manages or conducts the solicitation of funds, not including commercial fund raising solicitations, on behalf of any nonprofit organization. (2) Professional fund raising firm status is evidenced by one or more of the following characteristics: (a) Access to contributions or other receipts from a solicitation and/or authority to pay expenses associated with the solicitation, including amounts owed to the professional fund raising firm or third party vendors; (b) Conducting direct solicitations of prospective donors, whether in person or by telephone and whether such solicitations are performed personally or through employees or agents; (c) Advising nonprofit organizations with regard to the volume, targeting, duration or content of a direct mail solicitation campaign and also having primary responsibility for the campaign’s production. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.801(5) History: JD 5-1991, f. & cert. ef. 10-22-91
137-010-0050 Professional Fund Raising Firm Registration and Reports (1) Any person required by Section 17, Chapter 532, Oregon Laws 1991 to register as a professional fund raising firm shall pay an annual registration fee as provided in that section and shall complete and file Form PF-20, “State of Oregon Annual Registration Statement of Professional Fund Raising Firm” with the Attorney General. This procedure shall apply to both new registrations and registration renewals. In addition to the items listed in Section 17, a completed form shall include a confirmation that the applicant has registered with the Oregon Secretary of State’s Corporation Division, if it is a foreign corporation, and has registered any assumed business names with that same office, if such registrations are required by ORS 60.701. (2) At least ten days prior to undertaking each solicitation campaign, a professional fund raising firm shall complete and file Form PF-21, “Professional Fund Raising Firm Solicitation Campaign Notice,” as required by Section 18, Chapter 532, Oregon Laws 1991. (3) Professional fund raising firms required by Section 21, Chapter 532, Oregon Laws 1991, to file financial reports shall complete and file Form PF-22, “Professional Fund Raising Firm Solicitation Campaigns Financial Reports” with the Attorney General. (4) A person who conducts activities as both a commercial fund raising firm and a professional fund raising firm may operate under either registration. [ED. NOTE: Forms referenced available from the agency.] Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.802, 128.804 & 128.812 History: JD 5-1991, f. & cert. ef. 10-22-91
137-010-0055 Commercial Fund Raising Firm Registration and Reports (1) Any person required by ORS 128.821 to register as a commercial fund raising firm shall pay an annual registration fee as provided in 128.821 and shall complete and file Form PF-10, “State of Oregon Annual Registration Statement of Commercial Fund Raising Firm,” with the Attorney General. This procedure shall apply to both new registrations and registration renewals. In addition to the items listed in 128.821(3) a completed form shall include a confirmation that the applicant has registered with the Oregon Secretary of State’s Corporation Division, if it is a foreign corporation, and has registered any assumed business names with that same office. (2) At least ten days prior to undertaking each solicitation campaign, a commercial fund raising firm shall complete and file Form PF-11, “Commercial Fund Raising Firm Solicitation Campaign Notice,” as required by ORS 128.826. (3) Commercial fund raising firms required by ORS 128.841 to file financial reports shall complete and file Form PF-12, “Commercial Fund Raising Firm Solicitation Campaign Financial Report,” with the Attorney General. (4) A person who conducts activities as both a commercial fund raising firm and a professional fund raising firm may operate under either registration. [ED. NOTE: Forms referenced available from the agency.] Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.821, 128.826 & 128.841 History: JD 5-1991, f. & cert. ef. 10-22-91, Renumbered from 137-010-0039 JD 1-1990, f. & cert. ef. 1-25-90
137-015-0005 Transfer of Nonprofit Hospital Assets The party to whom a hospital transfer is to be made, as described in ORS 65.803(1), shall pay to the Attorney General an application fee, which shall accompany the application, for costs in reviewing and evaluating the proposed transaction. No application shall be considered by the Attorney General until the appropriate fee is received. The amount of the fee shall be calculated as described in paragraphs (1) and (2). (1) For each of the following types of transactions the fee shall be: (a) For a transfer or exchange as described in ORS 65.803(1)(a) or (b) from one charitable entity to another existing unrelated charitable entity — $7,500; (b) For a whole hospital joint venture between two unrelated charitable entities — $10,000; (c) For a transfer or exchange as described in ORS 65.803(1)(a) or (b) from a charitable entity to a noncharitable entity — $30,000; and (d) For a whole hospital joint venture between a charitable entity and a noncharitable entity — $50,000. (2) The fees described in paragraph (1) are based on the transfer of one hospital facility as described in ORS 442.015(19)(a). The fees described in paragraph (1) shall be increased by 30% for each additional facility to be transferred as part of the transaction. (3) The application fees collected pursuant to paragraphs (1) and (2) are intended to pay for the Attorney General’s costs in reviewing the proposed transaction, preparing an order approving, or disapproving the transaction, evaluating/insuring initial compliance (for a period not to exceed six months) and relating to any appeal from the proceeding. (4) The application fee is intended to pay for the direct costs of the functions described in paragraph (3) including, but not limited to, the cost for all the Attorney General office personnel and employee time at the billing rates used by the Department of Justice, costs of travel, printing costs and all costs incurred in the noticing and conduct of public meetings. (5) After the Attorney General has been paid for all of the costs identified in paragraph (4), the Attorney General shall reimburse the applicant for any remaining funds from the application fee, without interest. The funds shall be reimbursed no later than six months after an order is entered or an appeal from such an order is decided or within 30 days of withdrawal if the applicant withdraws the application to approve the transfer. (6) The Attorney General shall maintain a record of the costs described in paragraph (4) and that record shall be made available, upon request, to the applicant. Statutory/Other Authority: ORS 65.815 Statutes/Other Implemented: ORS 65.813(3) History: DOJ 4-2006, f. & cert. ef. 5-5-06
137-015-0010 Amendment of the Hospital Transfer Order Pursuant to ORS 65.809(2), the Attorney General may approve a proposed hospital transaction with conditions. In the event the party to whom the transfer is made determines that, due to unforeseen circumstances, the conditions of the order should be amended, the party shall make application to the Attorney General for amendment of the prior order. (1) The application for amendment shall be accompanied by an application fee equal to 10% of the original application fee or $1,000, whichever is greater. The terms for payment of the fee to the Attorney General and reimbursement of any excess fee to the applicant shall be the same as provided in OAR 137-015-0005. (2) A request for an amendment shall include a description of each proposed amendment, a description of the change in circumstance requiring each such amendment, a description of how each such amendment is consistent with the Attorney General’s conditioned approval of the transaction, and a description of the efforts of the entity making the request to avoid the need for amendment. (3) In considering whether to grant the request for amendment, the Attorney General shall follow the same public hearing procedures as described in ORS 65.807 and shall issue an order according to the same time constraints as provided in ORS 65.809(1) with regard to the initial application. Statutory/Other Authority: ORS 65.815 Statutes/Other Implemented: ORS 65.813(3) History: DOJ 4-2006, f. & cert. ef. 5-5-06
137-020-0030 Updating (1) Purpose: It is the purpose of this rule to define as an unfair trade practice the failure to disclose the year in which a motor vehicle or motor vehicle chassis was actually manufactured. (2) Authority: This rule is adopted pursuant to ORS Chapter 183 on authority granted to the Attorney General by 646.608(1)(s) and (4). (3) Definitions: For purposes of these rules: (a) “Person” is defined in ORS 646.605(4); (b) “Motor Vehicle” means a self-propelled vehicle intended for use upon public highways which is or may be used or bought primarily for personal, family, or household purposes. For purposes of this rule, the term “motor vehicle” includes mobile homes, motor homes and recreational vehicles, but does not include automobiles and motorcycles; (c) “Motor Vehicle Chassis” means the frame assembly, power plant, and all other appurtenances necessary to make a motor vehicle self-propelled. (4) This rule is effective on and after September 1, 1976. (5) Failure to Disclose Year of Manufacture: (a) It is unfair or deceptive conduct in trade or commerce to sell, or offer for sale, a motor vehicle to its first purchaser for purposes other than resale without disclosing prior to the time of entering into any binding sales agreement: (A) The month and year in which such motor vehicle was manufactured; and (B) If the motor vehicle chassis was manufactured in a month or year different from that of the completed motor vehicle, the month and year in which such motor vehicle chassis was manufactured. (b) Providing a prospective purchaser with a copy of certificate of origin issued by the manufacturer of the motor vehicle or motor vehicle chassis which sets forth the month and year of manufacture shall constitute adequate disclosure for purposes of this rule. Statutory/Other Authority: ORS 646 Statutes/Other Implemented: ORS 646.608(1)(u) History: 1AG 16, f. 7-21-76, ef. 9-1-76
137-020-0100 Plain Language (1) Definitions: For purposes of this rule: (a) “Department” is defined as Oregon Department of Justice; (b) “Consumer Contract” is defined in ORS 180.540(3) and does not include contracts which state agencies other than the Department may review under 180.540(2); (c) “Reasonable Fees” includes the prevailing billing rate which the Department has established in OAR 137-008-0010. (2) Application: Any seller or extender of credit may submit a consumer contract to the Department by: (a) Completing an application for review. The application may be obtained by calling or writing the Financial Fraud Section, 100 Justice Building, Salem, OR 97310, (503) 378-4732; (b) Including a $250 fee for each contract to be reviewed, and such additional “reasonable fees” as the Department determines is necessary to review the contract; (c) Submitting three copies of the contract to be reviewed; (d) Underlining in red any words, phrases or provisions which are specifically required, recommended or endorsed by a state or federal statute, rule or regulation. (3) Review: After a contract is submitted the Department will: (a) Return the contract and the fee if the Department determines that the contract submitted for review is not a consumer contract; or (b) Certify the consumer contract meets Oregon Plain Language guidelines if it meets the standards set forth in ORS 180.540, et seq.; (c) Inform the person submitting the contract that the contract does not comply with Oregon’s Plain Language Standard. The Department shall provide a brief explanation of its determination. The explanation need not include every reason for non-compliance and corrections of each stated deficiency will not assure compliance; (d) Return any fees charged over and above the initial $250 filing fee to the extent the fee exceeded the cost of review. (4) Certification: Certification of a consumer contract under this rule is not an approval of the contract’s legality or legal effect. The fact that a consumer contract has been certified or not certified shall not be admissible in any action to interpret or enforce a contract or any term of a contract. (5) No person may use a contract which represents it meets Oregon’s Plain Language guidelines unless the person has received certification of the contract pursuant to this rule. (6) Any oral or written reference to the Department’s certification must be accompanied by the following statement: The Department of Justice Certification of a contract under the Plain Language Contract Act is not an approval of the contract’s legality or legal effect. Statutory/Other Authority: ORS 180.540, 183.310 - 183.550 & 646 Statutes/Other Implemented: ORS 180.540, 180.545 & 180.555 History: JD 13-1992, f. & cert. ef. 6-5-92 JD 5-1985, f. 12-20-85, ef. 1-1-86
137-020-0160 Sales Practices (1) A retailer may not limit the price advertised for a particular grade of motor vehicle fuel to a customer purchasing or receiving goods or services in addition to the motor vehicle fuel except for full services. For purposes of this rule, a customer does not include customers who purchase ODOT diesel. (2) The location at which any grade of motor vehicle fuel is dispensed or at which any condition is applicable will not be changed except for a bona fide reason and will not be changed within 60 days of another change except for an emergency or legal necessity. (3) Violation of OAR 137-020-0150 and this rule is a violation of the Unlawful Trade Practices Act, ORS 646.608(1)(u). Statutory/Other Authority: ORS 646 Statutes/Other Implemented: ORS 646.608(1)(u) & 1985 c.751 (2) History: DOJ 21-2010, f. 12-30-10, cert. ef. 1-1-11 JD 7-1985, f. 12-31-85, ef. 1-1-86