reglab/housing_qa huggingface dataset:
OR Rev Stat § 725A.064 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.064 - Prohibited conduct for payday loan lender.

A payday loan lender may not: (1) Make or renew a payday loan at a rate of interest that exceeds 36 percent per annum, excluding a one-time origination fee that the payday loan lender may charge for the loan. (2) Charge during the term of a payday loan, including all renewals of the loan, more than one origination fee of $10 per $100 of the loan amount or $30, whichever is less. (3) Make or renew a payday loan for a term of less than 31 days. (4) Charge a consumer a fee or interest other than a fee or interest described in subsection (1) or (2) of this section or in ORS 725A.060 (1)(c) or (d). (5) Include in a payday loan contract: (a) A hold-harmless clause; (b) A confession of judgment or other waiver of the right to notice and the opportunity to be heard in an action; (c) A provision in which the consumer agrees not to assert against the lender or a holder in due course a claim or defense arising out of the contract; or (d) An executory waiver or a limitation of exemption from attachment, execution or other process on real or personal property the consumer holds, owns or is due, unless the waiver or limitation applies only to property that is subject to a security interest executed in connection with the loan. (6) Renew an existing payday loan more than two times. (7) Make a new payday loan to a consumer within seven days after the date on which the consumer fully repays a previous payday loan. [2010 c.23 §21; 2019 c.188 §3]
OR Rev Stat § 725A.080 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.080 - Complaint and administrative remedy.

(1) A person who claims to be aggrieved by a practice that violates a provision of ORS 725A.020, 725A.060, 725A.062 or 725A.064 or a rule adopted under ORS 725A.092 that regulates a licensee or a person required under ORS 725A.020 to obtain a license may, not later than one year after the date of the alleged violation, file with the Director of the Department of Consumer and Business Services a verified written complaint. The complaint must state the name and address of the licensee or the person alleged to have committed the unlawful practice and the particulars of the alleged unlawful practice. The director may require the complaint to set forth other information that the director considers pertinent. (2) A title loan lender shall state in every contract for a title loan, in a type size equal to at least 12-point type, that the consumer or the consumer’s attorney may file a complaint with the director as provided in this section. (3) After receiving a complaint under this section, the director may, under ORS 725A.050, investigate the unlawful practice and the licensee or the person alleged in the complaint to have committed the unlawful practice. [2010 c.23 §22]
OR Rev Stat § 725A.082 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.082 - Cease and desist order.

(1) If the Director of the Department of Consumer and Business Services has reasonable cause to believe that a person violated, is violating or is about to violate a provision of ORS 725A.010 to 725A.092 and 725A.990 or a rule the director adopted or an order the director issued under ORS 725A.010 to 725A.092 and 725A.990, the director may order the person to cease and desist from the violation. (2) The director, in an order the director issues under subsection (1) of this section, shall: (a) State the facts constituting the violation; (b) Require the person named in the order to cease and desist from the violation or to meet specific conditions; (c) State the effective date of the order; and (d) Advise the person named in the order that the person has a right to a contested case hearing under ORS chapter 183. (3) An order under this section is effective 30 days after the date of the order, unless the person named in the order requests a hearing on the order, and remains in effect until the director or a court withdraws the order. (4) If an individual named in an order under this section fails to comply with the order, in addition to imposing a penalty under ORS 725A.990, the director may issue an order to remove or suspend the individual from the individual’s office or position. [2010 c.23 §23]
OR Rev Stat § 725A.084 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.084 - Suspension or removal of officer or director of licensee.

(1) If the Director of the Department of Consumer and Business Services finds that an officer or director of a licensee is dishonest, reckless or incompetent or refuses to comply with the law, with a rule the Department of Consumer and Business Services adopted or with a written requirement or instruction the department imposed or issued, the Director of the Department of Consumer and Business Services may order the licensee to suspend the licensee’s officer or director from the officer or director’s office or position. (2) The Director of the Department of Consumer and Business Services, for any of the reasons set forth in ORS 725A.026, may order a licensee to remove an officer or director of the licensee from office. [2010 c.23 §24]
OR Rev Stat § 725A.086 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.086 - Limitation of personal liability.

A person is not personally liable for an act the person does or fails to do in good faith and in compliance with a rule or order the Director of the Department of Consumer and Business Services adopted or issued under ORS 725A.010 to 725A.092 and 725A.990, even if the director amends or rescinds the rule or order or a judicial or other authority determines that the rule or order is invalid. [2010 c.23 §25]
OR Rev Stat § 725A.090 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.090 - Loan tracking and counseling system; rules; fees.

(1)(a) The Director of the Department of Consumer and Business Services, by contract with a vendor or service provider or otherwise, may develop and implement a system by means of which a licensee may: (A) Determine whether a consumer has an outstanding loan; (B) Determine the number of loans the consumer has outstanding; (C) Determine the dates on which the consumer entered into or renewed a loan contract subject to ORS 725A.010 to 725A.092 and 725A.990; (D) Provide loan counseling to consumers in accordance with standards the director specifies; and (E) Obtain other information necessary to comply with the provisions of ORS 725A.010 to 725A.092 and 725A.990. (b) The director by rule may specify the form and content of the system, but shall ensure at a minimum that the information entered into or stored by the system is: (A) Accessible to and usable by licensees and the director from any location in this state; and (B) Secured against public disclosure, tampering, theft or unauthorized acquisition or use. (2) The information in the system described in subsection (1) of this section is not subject to public inspection or disclosure and is not subject to discovery, subpoena or other compulsory process except in an action brought under ORS 725A.010 to 725A.092 and 725A.990. (3) A vendor or service provider that operates or administers the system described in subsection (1) of this section may charge a licensee a fee or fees for access to or use of the system in amounts that the director approves by rule. The licensee may not charge a consumer, directly or indirectly, any amount to recover or otherwise compensate for the cost of a fee the licensee pays under this subsection. (4)(a) If the system described in subsection (1) of this section is developed and implemented, licensees subject to ORS 725A.010 to 725A.092 and 725A.990, within one business day after conducting a loan transaction that generates information that the system described in subsection (1) of this section requires, shall enter or update the information. (b) A licensee, after the date on which the licensee ceases to make loans subject to ORS 725A.010 to 725A.092 and 725A.990, shall continue to enter and update information for loans that are outstanding or that have not yet expired. (c) Within 10 business days after ceasing to make loans subject to ORS 725A.010 to 725A.092 and 725A.990, a licensee shall submit to the director for approval a plan for continuing compliance with this subsection. The director shall promptly approve or disapprove the plan and may require the licensee to submit a new or modified plan that ensures compliance with this subsection. (5) The director by rule shall establish requirements for retaining, archiving and deleting information entered into or stored by the system described in subsection (1) of this section. [2010 c.23 §26; 2017 c.215 §1]
OR Rev Stat § 725A.092 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.092 - Rules.

(1) The Director of the Department of Consumer and Business Services, in accordance with ORS chapter 183, may adopt rules for the purposes of protecting borrowers and consumers, providing clarity to licensees and otherwise carrying out and enforcing the provisions of ORS 725A.010 to 725A.092 and 725A.990. The rules may include, but are not limited to, provisions that establish loan forms, terms, charges and fees. (2) Before the director adopts a rule under subsection (1) of this section, the director shall submit a copy of the rule to each licensee. (3) The director may institute an action or proceeding and make a specific ruling, demand or finding that the director considers necessary to carry out or enforce a provision of ORS 725A.010 to 725A.092 and 725A.990 or a rule the director adopted, an order the director issued or an action the director took to carry out or enforce the provisions of ORS 725A.010 to 725A.092 and 725A.990. [2010 c.23 §27]
OR Rev Stat § 725A.509 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.509 - Duties of licensee; assumed business name.

(1) A licensee shall designate and maintain a principal place of business at or from which the licensee services student loans in this state and shall designate a registered agent in this state. (2)(a) If a licensee does not maintain a principal place of business in this state, the licensee shall nevertheless designate a registered agent in this state. The registered agent must be available to receive on the licensee’s behalf any notice, demand or service of process permitted by law to be given, made or delivered to, or served upon, the licensee. (b) If the licensee does not designate a registered agent in this state, or if the licensee’s registered agent cannot with reasonable diligence be located, the Director of the Department of Consumer and Business Services is the licensee’s registered agent. (3) A licensee may not use or operate under an assumed business name unless the licensee first registers the assumed business name under ORS chapter 648 and lists the name on an application under ORS 725A.506 or in a notice to the director under ORS 725A.515. [2021 c.651 §4] Note: 725A.509 becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.
OR Rev Stat § 725A.512 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.512 - Requirement to maintain liquidity, operating reserves and tangible net worth; taking possession of licensee’s property for failure to meet requirement; appointment of receiver.

(1) A licensee shall maintain in accordance with generally accepted accounting principles sufficient liquidity, operating reserves and tangible net worth to permit the licensee to adequately meet all costs, expenses and other financial requirements related to servicing student loans in this state. The Director of the Department of Consumer and Business Services may specify by rule the standards a licensee must meet to comply with the requirements set forth in this subsection. (2)(a) If a licensee fails to meet the applicable standards for liquidity, operating reserves and tangible net worth set forth in subsection (1) of this section, the director may take and retain possession of the licensee’s property, business and assets located in this state until the licensee returns, under the director’s supervision or oversight, to compliance with the applicable standards. (b) In taking and retaining possession of the licensee’s property, business and assets under paragraph (a) of this subsection, the director shall conduct an inventory appropriate for establishing a receivership for the licensee and file a copy of the inventory with: (A) The Department of Consumer and Business Services; and (B) Each of the licensee’s controllers, at the last address for each controller that the director has in the director’s records. (3) If a licensee refuses to permit the director to take and retain possession of the licensee’s property, business and assets under subsection (2) of this section or if the director can show that the interests of the licensee’s borrowers or creditors require the appointment of a receiver, the director may apply to the circuit court in the county in which the licensee’s principal place of business in this state is located for an order to appoint a receiver to take and retain possession of, operate or liquidate the licensee’s property, business and assets. The court may appoint the director as the receiver. (4) If, 60 days after the date on which the director took possession of a licensee’s property, business and assets under subsection (2) of this section, the licensee has not returned to compliance with the applicable standards described in subsection (1) of this section, the director shall liquidate the licensee’s property, business and assets and revoke the licensee’s license to service student loans in this state. If the director is not the receiver for the licensee’s property, business and assets, the director shall apply to the circuit court in the county in which the licensee’s principal place of business in this state is located for an order to appoint the director or another person as receiver. [2021 c.651 §5] Note: 725A.512 becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.
OR Rev Stat § 725A.515 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.515 - Required notifications from licensee to director.

(1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee: (A) Relocates or closes the licensee’s principal place of business or a branch office in this state; or (B) Opens a branch office that the licensee did not list in an application under ORS 725A.506. (b) In a notice under paragraph (a) of this subsection, the licensee shall list, as applicable: (A) The new address to which the licensee relocates the licensee’s principal place of business or any branch office; and (B) The address for any new branch office the licensee opens. (2)(a) A licensee shall notify the director in writing not later than 30 days after: (A) Any appointment, resignation or other change occurs in the licensee’s controllers, registered agents or managers; or (B) Any material change occurs in the information that the licensee submitted in an application under ORS 725A.506. (b) The licensee shall provide in a notice under paragraph (a)(A) of this subsection the name, address and title of any new controller, registered agent or manager the licensee appoints. (3)(a) A licensee shall notify the director in writing not later than 10 days after: (A) Filing for bankruptcy or reorganization; (B) A controller, registered agent or manager of the licensee becomes subject to an indictment that is related in any manner to the licensee’s activities; (C) The licensee receives notice of a final order issued in this or another state that: (i) Demands that the licensee cease and desist from any act; (ii) Suspends or revokes a license or registration; or (iii) Constitutes any other formal or informal regulatory action against the licensee; (D) The licensee registers or changes and uses or operates under an assumed business name; (E) The licensee ceases doing business or ceases servicing student loans; or (F) Any other change in the licensee’s operations or governance occurs in a manner or with an effect that the director determines by rule is significant enough to warrant the licensee notifying the director. (b) A licensee shall specify in a notice under paragraph (a)(C) of this subsection the reasons any final order sets forth for taking a regulatory action against the licensee. (c) A licensee shall identify in a notice under paragraph (a)(E) of this subsection the location in which the licensee stores records related to student loan servicing in this state and shall provide the name and contact information for an individual with authority to provide access to the records. (4) A licensee shall notify the director immediately if the licensee changes registered agents or if the name or address of the licensee’s registered agent in this state changes. In the notice, the licensee shall update the name and address of the registered agent. [2021 c.651 §6] Note: 725A.515 becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.
OR Rev Stat § 725A.518 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 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 to 725A.530 or if the director required the person to obtain a license under ORS 725A.503 (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)(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, 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 to 725A.530. [2021 c.651 §7] Note: 725A.518 becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.
OR Rev Stat § 725A.524 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 725A - Short-Term Loans and Student Loan Servicing|Section 725A.524 - Investigation of complaints; confidentiality of materials obtained in investigation; exceptions; charge for costs of investigation.

(1) If the Director of the Department of Consumer and Business Services receives a complaint concerning a person that services a student loan, the director: (a) Shall notify the person of the complaint, provide a copy of the complaint in the notice and require the person to respond to the complaint and to the director within 30 days after the date of the notice; (b) May investigate the complaint and require the person to provide books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence necessary for the director’s investigation; and (c) May investigate the person and the person’s policies and practices with respect to servicing a student loan and require the person to provide books, accounts, papers, records, files, documentation and other information, material or evidence necessary for the director’s investigation. (2)(a) Except as provided in paragraph (b) of this subsection, books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence the director receives or possesses as a consequence of an investigation under subsection (1) of this section are confidential unless state or federal law or a court order permits or requires disclosure. (b) The director may share any item listed in paragraph (a) of this subsection with any state or federal agency. (3) The director may charge and collect from a person the director investigates under this section the costs the director incurs in conducting the investigation. (4) This section does not apply to: (a) A financial institution, as defined in ORS 706.008. (b) A financial holding company or bank holding company, both as defined in ORS 706.008, if the financial holding company or bank holding company does no more than control an affiliate or subsidiary, as defined in 12 U.S.C. 1841(d), and does not engage in business as a student loan servicer. [2021 c.651 §9] Note: 725A.524 becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.