reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.025 - Reciprocity for certain licensees of other states; rules.

(1) The State Marine Board may adopt rules that exempt persons who provide outfitting and guiding services on the Columbia River from the registration and fee requirements in ORS 704.020 if:
(a) The person conducts outfitting and guiding services on the waters of the Columbia River where that river forms the boundary line between the State of Oregon and the State of Washington;
(b) The person possesses a valid Washington license, permit or registration that allows the person to provide outfitting and guiding services;
(c) The board determines that the licensing, permitting or registration requirements of the State of Washington are comparable to those of Oregon; and
(d) The State of Washington provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.
(2) The purpose of subsection (1) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Columbia River while providing outfitting and guiding services.
(3) The board may adopt rules that exempt persons who provide outfitting and guiding services on the Snake River from the registration and fee requirements in ORS 704.020 if:
(a) The person conducts outfitting and guiding services on the waters of the Snake River where that river forms the boundary line between the State of Oregon and the State of Idaho;
(b) The person possesses a valid Idaho license, permit or registration that allows the person to provide outfitting and guiding services;
(c) The board determines that the licensing, permitting or registration requirements of the State of Idaho are comparable to those of Oregon; and
(d) The State of Idaho provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.
(4) The purpose of subsection (3) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Snake River while providing outfitting and guiding services. [1993 c.123 §§3,4; 1995 c.736 §2; 2005 c.115 §§1,3; 2007 c.148 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.030 - False statements in registration application; special requirements for use of boat.

(1) No person shall make any false statement of material fact submitted pursuant to ORS 704.020.
(2) No outfitter and guide who uses a boat to carry passengers on the waters of this state shall carry passengers in excess of the passenger capacity for which insurance is obtained pursuant to ORS 704.020.
(3) No outfitter and guide shall use a boat to carry passengers on waterways determined to be navigable by the United States Coast Guard without a license, registration or decal required by ORS 704.020 and 704.065. [1983 c.655 §5; 1993 c.256 §2; 1995 c.736 §3; 2005 c.438 §8; 2013 c.422 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.035 - Opportunity for hearing; judicial review of decision.

(1) The State Marine Board shall provide an opportunity for hearing as required by ORS chapter 183 when the board proposes to:
(a) Deny issuance or renewal of an outfitter and guide registration;
(b) Revoke or suspend a registration; or
(c) Reprimand an outfitter and guide.
(2) Any person aggrieved by a decision of the board under this chapter is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS chapter 183. [1995 c.736 §6; 2013 c.422 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.045 - Registration of fishing derby with board; exemption from outfitter and guide registration; fee.

(1) For the purposes of this section, "fishing derby" or "derby" means a multiday, multistate angling event held in Oregon as a fund-raiser.
(2) An organizer of a fishing derby shall register the time and location of the derby with the State Marine Board if the organizer intends to use a guide registered or licensed in a state other than Oregon. Each derby registration shall be accompanied by a fee of $50.
(3) The board may, by permit, exempt a registered fishing derby from the outfitter and guide registration requirements under ORS 704.020 upon application to the board by the organizer of the derby. The board may place conditions on the exemption, including but not limited to the identification of outfitters and guides who are registered or licensed in a state other than Oregon, the display of guide boat numbers and the display of derby credentials by participants.
(4) A violation of any provision of this section shall result in the revocation of the exemption described in subsection (3) of this section and the denial of a future exemption for one year from the date of violation. [2001 c.183 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.050 - Cancellation of liability insurance; notice to board; suspension of registration.

(1) If an insurance company cancels or refuses to renew insurance for an outfitter and guide required by ORS 704.020, the insurance company, not less than 30 days prior to the effective date of termination of the coverage, shall notify the State Marine Board in writing of the termination and its effective date.
(2) Upon receipt of an insurance coverage termination notice, the board shall send written notice to the outfitter and guide that on the effective date of the insurance coverage termination, the board will suspend the certificate of registration of the outfitter and guide unless proof of insurance required by ORS 704.020 is filed with the board prior to the effective date of the proposed insurance coverage termination.
(3) The board may suspend the certificate of registration issued to an outfitter and guide if the outfitter and guide fails to maintain in full force and effect the insurance required by ORS 704.020. A certificate of registration that has been suspended pursuant to this section may not be reinstated until proof of insurance required by ORS 704.020 has been filed with the board. [1983 c.655 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.060 - Certification process for participation in allocation of certain deer and elk permits; fee.

(1) The State Marine Board shall establish a certification process for outfitters and guides who engage in providing outfitting and guiding services for the hunting of deer and elk to qualify for participation in the allocation of permits required by ORS 496.151. Certification shall include evaluation of education, training, experience and other matters regarding the qualification of individuals to provide the required services.
(2) The board may charge a fee for certification that is in addition to the fee required by this chapter for registration.
(3) Outfitters and guides must meet the certification requirements of this section in the calendar year prior to each deer and elk season in order to participate in the permit allocation referred to in ORS 496.151. [1997 c.342 §5; 1999 c.281 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.065 - Decal to be affixed to boat.

(1) A person who acts or offers to act as an outfitter and guide using boats to carry passengers on the waters of this state shall affix to each boat used in providing outfitter and guide services an identifying decal issued by the State Marine Board or other governmental agency, subject to rules of the board, showing the year of issuance, the passenger-carrying capacity of the boat and such other information as the board may prescribe.
(2) The boat decals for each outfitter and guide who uses a boat to carry passengers on the waters of this state expire on December 31 of each calendar year. [2005 c.438 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.070 - Requirements for safety equipment, experience and training.

(1) A person who acts or offers to act as an outfitter and guide using boats to carry passengers on the waters of this state shall:
(a) Equip each nonmotorized boat that is under the direct operation of an outfitter and guide or an employee of an outfitter and guide to carry passengers on waters rated as class III or higher on a commonly accepted scale of river difficulty with a rescue throw bag, complete with a length of artificial fiber rope and a buoyant bag;
(b) On any section of waters rated as class III or higher on a commonly accepted scale of river difficulty, require that all persons physically providing outfitting and guiding services and all passengers wear a properly secured United States Coast Guard approved personal flotation device of a type prescribed by rules adopted by the State Marine Board;
(c) If the outfitter and guide operates nonmotorized boats carrying passengers on any section of waters rated as class III or higher on a commonly accepted scale of river difficulty, require that all persons physically providing outfitting and guiding services:
(A) Prior to providing the services, have completed at least one trip on that section of waters in a nonmotorized boat; and
(B) Have been trained in equipment preparation and boat rigging, understanding and recognizing river characteristics and hazards, methods of scouting rapids, methods of physically guiding boats through rapids, proper client communication, how to provide paddling and safety instruction and methods of river rescue techniques, including emergency procedures and equipment recovery;
(d) If the outfitter and guide is a charter guide, ensure that the vessel used to carry passengers complies with the equipment requirements for charter vessels under ORS 830.450; and
(e) On any section of waters rated as class III or higher on a commonly accepted scale of river difficulty, rent, sell or otherwise make available to all passengers helmets that meet the standards established by the board by rule.
(2) Subsection (1)(b) of this section does not apply to motorized boats that are inspected by the United States Coast Guard. [2005 c.438 §7; 2013 c.422 §10; 2019 c.163 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.510 - Outfitters and Guides Account.

The Outfitters and Guides Account is established in the General Fund of the State Treasury. Except as otherwise provided by law, all moneys received by the State Marine Board pursuant to ORS 704.020 shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the board to carry out the provisions of this chapter. [1983 c.655 §4; 1989 c.586 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.520 - Board to submit list of registrants to tourism promotion agency.

The State Marine Board will submit annually to the state agency given the responsibility of state tourism promotion a registration list of outfitters and guides and the following information:
(1) The name, business names, addresses and telephone numbers under which outfitting and guiding services are provided;
(2) A description of the outfitting and guiding service;
(3) The geographic area in which the outfitting and guiding service is provided; and
(4) The experience of the outfitter and guide in providing the outfitting and guiding service. [1983 c.655 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.525 - Advisory committee; membership; duties.

(1) The State Marine Board shall appoint an advisory committee to provide advice to the board on various matters regarding the implementation of this chapter. The committee shall be composed of members appointed as follows:
(a) Eight members representing seven of the primary organizations providing outfitting and guiding services in this state, with two members representing the most active organization. The board shall adopt rules to implement this paragraph.
(b) Three public members selected by the board.
(2) The board may not appoint to the advisory committee more than one individual who holds a charter boat license under ORS 830.430 to 830.465.
(3) In addition to such other duties as the board may prescribe, the advisory committee shall provide advice and recommendations to the board regarding:
(a) Methods of improving communication between the board and the guiding and outfitting industry.
(b) The need for competency testing of guides and outfitters.
(c) Refinements of the definitions of guides and outfitters.
(d) Adequacy of liability insurance coverage.
(e) Identifying decals for motorboats used by guides in providing outfitter and guide services.
(f) Registration reciprocity for guides conducting outfitting and guiding services on the Snake and Columbia Rivers. [1989 c.586 §4; 1993 c.256 §5; 2013 c.146 §12; 2013 c.422 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.900 - Civil penalties; procedure; rules.

(1) In addition to any other penalty provided by law, the State Marine Board may impose a civil penalty for failure to comply with ORS 704.020, 704.021, 704.065 or 704.070 or for violation of ORS 704.030.
(2) Any civil penalty under this section shall be imposed in the manner provided by ORS 183.745.
(3) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 30 days from the date of service of the notice in which to make written application for a hearing before the board.
(4) The board shall adopt rules implementing these provisions, including a schedule of civil penalties. The civil penalty for each violation shall not exceed $500.
(5) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the board considers proper and consistent with the public health and safety.
(6)(a) In imposing a penalty pursuant to the schedule adopted pursuant to this section, the board shall consider the following factors:
(A) Any prior violations of ORS 704.020, 704.021, 704.030, 704.065 or 704.070.
(B) The immediacy and extent to which the violation threatens the public health or safety.
(b) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial conditions of the person in determining whether a penalty shall be remitted or mitigated.
(7) All penalties recovered under this section shall be paid into the State Treasury and credited to the Outfitters and Guides Account. [1989 c.586 §3; 1991 c.734 §93; 2005 c.438 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 704 - Outfitters and Guides › Section 704.990 - Criminal penalties.

(1) Failure to comply with ORS 704.020, 704.021 or 704.065 is a Class A misdemeanor.
(2) Violation of ORS 704.030 is a Class A misdemeanor. [1983 c.655 §6; 2005 c.438 §10; 2013 c.422 §13]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.010 - Definitions.

As used in this chapter:
(1) "Board" means the Workers’ Compensation Board.
(2) "Department" means the Department of Consumer and Business Services.
(3) "Director" means the Director of the Department of Consumer and Business Services. [1987 c.373 §1; 1993 c.744 §9; 1999 c.59 §213]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.105 - Department of Consumer and Business Services; director; qualifications; confirmation; Insurance Commissioner; bond or letter of credit; seal.

(1) The Department of Consumer and Business Services is created.
(2) The department shall be under the supervision and control of a director who shall be responsible for the functions of the department.
(3) Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint the director, who shall hold office at the pleasure of the Governor. The person appointed as director shall be well qualified by training and experience to perform the functions of the office.
(4) The director shall receive such salary as is provided by law or, if not so provided, as is fixed by the Governor.
(5) With respect to the duties, functions and powers imposed upon the director under the insurance laws, the director may be designated by the title of Insurance Commissioner or may appoint a person under ORS 705.115 to serve under the supervision and control of the director as Insurance Commissioner.
(6) Before entering upon the functions of office, the director shall give to the state a fidelity bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case in the penal sum fixed by the Governor.
(7) The department shall have an official seal. Any certificate or other document or paper executed by the department pursuant to its authority and sealed with its seal, and all copies of papers certified by it and authenticated by the seal, shall in all cases be evidence equally and in like manner as the original and shall have the same force and effect as would the original in any suit or proceeding in any court in this state. [1987 c.373 §2; 1991 c.331 §108; 1993 c.744 §10; 1997 c.631 §526; 2003 c.802 §179]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.115 - Department organization.

(1) The Director of the Department of Consumer and Business Services, with the approval of the Governor, shall organize and reorganize the Department of Consumer and Business Services in the manner the director considers necessary to conduct the work of the department properly.
(2) The functions of the department may be divided into administrative divisions or staff offices. Each division or office shall be under the supervision of a person appointed by the director, with the approval of the Governor. The appointee shall serve at the pleasure of the director, not be subject to the State Personnel Relations Law and be well qualified by technical training and experience in the functions the appointee is to perform. [1987 c.373 §4]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.117 - Consumer Advocacy Section.

The Director of the Department of Consumer and Business Services shall establish within the department a Consumer Advocacy Section not later than January 1, 1988. [1987 c.774 §152(1)]
Note:
705.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 705 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.125 - Deputy director; subordinate officers and personnel.

(1) With the approval of the Governor, the Director of the Department of Consumer and Business Services may appoint a deputy director who shall serve at the pleasure of the director, not be subject to the State Personnel Relations Law and have full authority to act for the director, subject to the control of the director. The appointment of the deputy director shall be by written order filed with the Secretary of State.
(2) Except as provided in ORS 705.115 and subsection (1) of this section, the director, subject to applicable provisions of the State Personnel Relations Law, shall appoint all subordinate officers and employees of the Department of Consumer and Business Services, prescribe their functions and fix their compensation. [1987 c.373 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.135 - Delegation; rules; employee indebtedness; reporting.

(1) The Director of the Department of Consumer and Business Services may delegate any duties, powers and functions of the director or of the Department of Consumer and Business Services, under such conditions as the director deems appropriate.
(2) In accordance with ORS chapter 183, and in addition to other rulemaking authority prescribed by law, the director may adopt rules for the purpose of carrying out the functions of the department.
(3) The director shall adopt rules governing circumstances under which employees or any category of employees of the department may or may not be or become indebted to or hold any interest in any entity subject to regulation by the department. The rules shall provide for reporting any such indebtedness or interest and for preventing or resolving possible conflicts of interest arising therefrom. [1987 c.373 §6; 2003 c.802 §180]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.138 - Confidential and privileged documents; conditions for sharing with chief insurance regulatory official.

(1) The Director of the Department of Consumer and Business Services may share confidential and privileged documents, material or information the director receives under ORS 732.517 to 732.596 with a chief insurance regulatory official in accordance with ORS 705.137:
(a) Only if the regulatory official’s jurisdiction has a statute or rules that are substantially similar in effect to ORS 732.586; and
(b) Only if the regulatory official agrees in writing not to disclose the documents, material or information.
(2) The director shall enter into a written agreement with the National Association of Insurance Commissioners that governs how the director and the association may use or share documents, material or information the director receives under ORS 732.517 to 732.596, including documents, material or information the director receives as a consequence of the director’s participation in a supervisory college under ORS 732.571. The agreement must:
(a) Specify procedures and protocols for maintaining the confidentiality and security of documents, material and information the director shares with the association and the association’s affiliates or subsidiaries;
(b) Specify conditions under which the association may share the documents, material or information with other state, federal or international regulatory agencies;
(c) State that the director retains ownership of the documents, material and information the director shares with the association and the association’s affiliates and subsidiaries and that the association’s use of the documents, material or information is subject to the director’s control;
(d) Require the director or the association to notify an insurer if a subpoena or other request compels the association or the association’s affiliates or subsidiaries to disclose or produce documents, material or information the director has shared with the association;
(e) Require the association to consent to an insurer’s intervention in an administrative or judicial proceeding that may result in the association or the association’s affiliates or subsidiaries having to disclose or produce documents, material or information the director shared with the association; and
(f) State that the association must maintain, in accordance with ORS 705.137, the confidentiality of the documents, material or information the association receives from the director. [2013 c.370 §2; 2015 c.27 §59]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.139 - Agreements with other agencies regarding sharing and use of confidential information; contents.

(1) The Director of the Department of Consumer and Business Services, consistent with ORS 705.137, may enter into agreements with other state, federal, foreign and international regulatory and law enforcement agencies, with the Federal Reserve Board and with the National Association of Insurance Commissioners and affiliates or subsidiaries of the National Association of Insurance Commissioners to govern the sharing and use of information.
(2) An agreement under this section must specify the duration of the agreement, the purpose of the agreement, the methods for terminating the agreement and any other necessary and proper matters.
(3) An agreement under this section does not relieve the director of any obligation or responsibility imposed by law.
(4) The director may expend funds of the Department of Consumer and Business Services and may supply services for carrying out an agreement under this section.
(5) Agreements under this section are exempt from ORS 190.410 to 190.440 and 190.480 to 190.490. [2001 c.377 §3; 2015 c.244 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.141 - Criminal records check; fingerprints required; persons subject to requirement.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Consumer and Business Services may require the fingerprints of a person who is applying for a license, or applying to renew a license, under ORS 744.059, 744.326, 744.518 or 744.611 or a person who:
(1)(a) Is employed or applying for employment by the department; or
(b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and
(2) Is, or will be, working or providing services in a position:
(a) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;
(b) In which the person has access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential;
(c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;
(d) That has mailroom duties as a primary duty or job function;
(e) In which the person has responsibility for auditing the department;
(f) That has personnel or human resources functions as a primary responsibility;
(g) In which the person has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or
(h) In which the person has access to tax or financial information about individuals or business entities. [2007 c.619 §1; 2010 c.87 §10; 2011 c.447 §21; 2019 c.151 §19]
Note:
705.141 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 705 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.143 - Combined license processing; rules.

(1) The Department of Consumer and Business Services may establish one or more combined license processing programs. Participation in a combined license processing program by a state agency is voluntary. Notwithstanding any other provision of law, agencies participating in a combined license processing program may:
(a) Use combined license applications;
(b) Adopt standardized license terms under subsection (2) of this section;
(c) Charge adjusted license fees established under subsection (2) of this section;
(d) Issue combined license documents; and
(e) Take any other action authorized under rules adopted pursuant to subsection (3) of this section that provides a simplified procedure for processing licenses issued pursuant to the program.
(2) Notwithstanding any other provision of law, the Department of Consumer and Business Services may establish a standardized term for licenses of state agencies participating in a combined license processing program. If the department establishes a standardized term under the provisions of this subsection, the agencies participating in the program shall adjust the fees established by statute for each license in an appropriate manner to ensure that there is no revenue loss by reason of the change in the term of the license.
(3) The Department of Consumer and Business Services may adopt rules necessary for implementation of combined license processing programs. Any agency participating in a combined license processing program may:
(a) Agree to be bound by the rules adopted by the Department of Consumer and Business Services; and
(b) Adopt any other rules necessary for participation in a combined license processing program. [2005 c.73 §1; 2007 c.768 §59]
Note:
705.143 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 705 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.146 - Prescription Drug Affordability Account.

The Prescription Drug Affordability Account is established as a subaccount in the Consumer and Business Services Fund created in ORS 705.145, consisting of moneys collected under ORS 646A.695 and moneys that may be appropriated for deposit into the Prescription Drug Affordability Account by the Legislative Assembly. Interest earned on the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Consumer and Business Services to carry out ORS 646A.680 to 646A.697. [2021 c.598 §4; 2023 c.466 §4]
Note:
705.146 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 705 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.148 - Transfers from Consumer and Business Services Fund to Workers’ Benefit Fund; purpose; amount; liability limit.

(1) The Director of the Department of Consumer and Business Services shall transfer workers’ compensation premium assessment revenue from the Consumer and Business Services Fund to the Workers’ Benefit Fund to finance the cost of carrying out the provisions of ORS 656.054 and 656.735 and section 15, chapter 600, Oregon Laws 1985.
(2) The amount of total transfers during any one year shall be limited to an amount that will produce an ending cash balance approximating six months of projected expenditures in the Workers’ Benefit Fund in regard to its functions under ORS 656.054 and 656.735 and section 15, chapter 600, Oregon Laws 1985.
(3) The transfers may be conducted annually, quarterly or monthly. Total annual transfers shall comply with subsection (2) of this section.
(4) The department’s funded liability for claims costs pursuant to ORS 656.054 and 656.735 and section 15, chapter 600, Oregon Laws 1985, shall be limited to the amount of moneys included in the transfers determined by the director to be available for these purposes. [1995 c.641 §27]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.155 - Petty cash funds.

The Director of the Department of Consumer and Business Services and the Workers’ Compensation Board may in their discretion establish and maintain petty cash funds for the purpose of making change and paying other petty incidental expenses in the administration of the functions of the Department of Consumer and Business Services and the board. [1987 c.373 §19]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.165 - Disposition of moneys accruing from department administration and enforcement of certain laws.

(1) Except as provided in ORS 59.255, 59.995, 86A.130, 86A.992 and 645.950, the net amount accruing to the Department of Consumer and Business Services from all fees, charges, interest, penalties and miscellaneous revenues from all sources under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 86A.095 to 86A.198, 650.005 to 650.100 and 705.350 shall, after deduction of refunds, be paid over to the State Treasurer and deposited in a separate subaccount in the Consumer and Business Services Fund created under ORS 705.145 at least monthly and may be used only for the expenses of the department in carrying out its functions and duties under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995, 86A.095 to 86A.198, 650.005 to 650.100 and 705.350.
(2) Any amount deposited in the separate subaccount in the Consumer and Business Services Fund as provided in subsection (1) of this section that at the end of each quarter is determined by the Director of the Department of Consumer and Business Services to be in excess of the amount needed to administer ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995, 86A.095 to 86A.198 and 650.005 to 650.100 shall be transferred to the General Fund and shall become available for general governmental expenses. [1987 c.414 §143; 1989 c.473 §1; 1993 c.508 §43; 1993 c.744 §12; 1995 c.79 §353; 2001 c.319 §§2,3; 2005 c.755 §§54,55; 2011 c.597 §286]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.175 - Warrant for collection of debt owed Department of Consumer and Business Services.

(1) If any amount due the Department of Consumer and Business Services is not paid within 30 days of the date payment becomes due, and no provision has been made to secure the payment, the department may issue a warrant. The warrant may be filed with the county clerk of any county in this state and recorded in the County Clerk Lien Record of the county in which it is filed. The amount of a warrant issued under this section shall include the principal amount of the debt, any added interest accumulated pursuant to ORS 82.010 or other applicable law and any costs associated with the recording, indexing and serving of the warrant and any satisfaction or release thereof. A copy of the warrant shall be mailed to the debtor by the department at the last known address of the debtor.
(2) After receiving the warrant, the county clerk shall enter the warrant in the County Clerk Lien Record in the manner described in ORS 205.125. The warrant shall have the effect described in this section and ORS 205.125 and 205.126 and may be enforced as provided in this section and ORS 18.854, 205.125 and 205.126. [2003 c.578 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.300 - Records of actions of director regarding securities, commodity and franchise laws.

The Director of the Department of Consumer and Business Services shall keep books, as records of office, showing all acts, matters and things done by the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100. [1987 c.414 §71; 1989 c.179 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.310 - Evidentiary effect of certain records regarding securities, commodities and franchises; fees.

(1) Copies of all records and papers of the Department of Consumer and Business Services relating to duties, functions and powers of the Director of the Department of Consumer and Business Services and the department under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100, certified by the director, shall be received in evidence in all cases equally and with like effect as the original.
(2) The department shall collect a fee as set by rule for making copies of any document filed in the department and relating to the duties, functions and powers of the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100. For certifying the document it shall collect, in addition, a fee of $2. [1987 c.414 §72; 1989 c.179 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.320 - Certified documents; effect.

When certified by the Director of the Department of Consumer and Business Services, all certificates issued by the director and all copies of documents filed in the Department of Consumer and Business Services that relate to the duties, functions and powers of the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100 shall be taken and received in all courts, public offices and official bodies of this state as prima facie evidence of the facts stated in the certificates or documents. A certificate by the director as to the compliance or noncompliance of the document with provisions of ORS chapter 645 or ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 or 650.005 to 650.100, or as to the existence or nonexistence of the facts relating to the matters contained in the documents that would appear from the presence or absence of documents filed in the department, shall be taken and received in all courts, public offices and official bodies of this state as prima facie evidence of the existence or nonexistence of the facts stated in the certificates or documents. [1987 c.414 §75; 1989 c.179 §7]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.330 - Withdrawal of certain documents; review; effect.

(1) Within one year after a filing under ORS chapter 645 or ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 or 650.005 to 650.100, the Director of the Department of Consumer and Business Services may withdraw from filing any document filed by the director when the person who submitted the document advises the Department of Consumer and Business Services that the document was submitted prematurely or by inadvertence or mistake. The person requesting the withdrawal shall accompany the request with a written statement reflecting the basis of the person’s authority to initiate the withdrawal.
(2) The director may withdraw without notice or hearing a certificate that the director has issued or a document that the director has filed under ORS chapter 645 or ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 or 650.005 to 650.100 when the fee was paid with a check that was returned to the department for lack of sufficient funds. Such withdrawal shall be retroactive to the date of filing.
(3) Any decision under this section may be reviewed in accordance with the provisions of ORS chapter 183.
(4) A withdrawal from filing of a document under this section is retroactive to the date of the filing but shall not relieve a person of any liability the person may have incurred while the document was filed with the department. The director is not required to refund any fees paid in conjunction with the document withdrawn. [1987 c.414 §73; 1989 c.179 §8]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.340 - Access to director’s and department records regarding securities, commodities and franchises; rules; accuracy of information.

(1) The Director of the Department of Consumer and Business Services by rule shall adopt a schedule establishing priority of access among members of the general public, governmental agencies and other persons to records of the director and the Department of Consumer and Business Services relating to the duties, functions and powers under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100 for use at times that the director finds that demands for access to the records and to the time and resources of the director and the department cannot be satisfied readily.
(2) The director shall not be responsible for the accuracy of information contained in the records and provided under this section or ORS 192.311 to 192.478. [1987 c.414 §74; 1989 c.179 §9]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.350 - Fees for certain documents; rules.

Notwithstanding ORS 192.311 to 192.478, the Director of the Department of Consumer and Business Services shall establish by rule reasonable fees for the following that relate to the duties, functions and powers of the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100:
(1) Computer generated lists on paper and electronic data processing media;
(2) Terminal access to the files of the Department of Consumer and Business Services;
(3) Microfilm records of the files of the department; and
(4) Copies of the programs and files on paper or electronic data processing media. [1987 c.414 §76; 1989 c.179 §10]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.610 - Appointment of financial institution examiners.

The Director of the Department of Consumer and Business Services shall appoint examiners to conduct, as required by law, all examinations of entities subject to ORS chapters 706 to 725. [1987 c.373 §20]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.630 - Charging for extra expenses.

(1) When the Department of Consumer and Business Services incurs extra expenses in performing its functions and the Director of the Department of Consumer and Business Services determines that the expenses are incurred for the primary benefit of another person, the director may charge and collect from the person an amount equal to the reasonable actual extra expenses incurred. The director shall notify the person of the amounts to be charged either before the expenses are incurred or as soon as practicable after the director determines that amounts incurred should be charged under this section.
(2) A person who is charged an amount under this section may request a contested case hearing before the director for review of the charge. [1987 c.309 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.635 - Certificate of approval of certain business registry names filed under ORS 56.023.

(1) A person may submit a written request for a certificate from the Director of the Department of Consumer and Business Services for purposes of complying with the provisions of ORS 56.023. The request shall provide such information as the director may require by rule or order.
(2) Upon receiving a request for a certificate under subsection (1) of this section, the director shall within 10 business days determine whether the requested name and intended activity are in compliance with the provisions of the Bank Act and ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726.
(3)(a) If the director determines that use of the requested name or intended activity is in compliance with the Bank Act and ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726, the director shall issue a written certificate.
(b) If the director determines that use of the requested name or intended activity is not in compliance with the Bank Act and ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726, the director shall promptly notify the requester in writing, who may:
(A) Amend the name or activity and submit a written request to the director for reconsideration; or
(B) Request that the director conduct an administrative hearing. The hearing shall be conducted as a contested case hearing pursuant to ORS chapter 183. [2001 c.315 §45; 2009 c.541 §25]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.638 - "Company" defined; organization requirements for companies conducting banking business.

(1) For purposes of this section, "company" means a corporation, nonprofit corporation, cooperative, limited liability company, partnership, limited liability partnership, limited partnership, business trust, association or other business entity.
(2) A company organized under the laws of this state for the purposes of conducting a banking business as defined in ORS 706.005 (6) either within or outside this state shall be organized under ORS chapter 707. [2001 c.315 §44; 2009 c.541 §26]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 705 - Department of Consumer and Business Services › Section 705.640 - Enforcement authority regarding conduct of banking business; court order; cease and desist order; civil penalty.

(1) Whenever the Director of the Department of Consumer and Business Services has reason to believe that a person is violating a provision of ORS 705.638, 707.005 or 707.010, the director:
(a) Shall have access to the premises where the person is suspected of transacting banking business in violation of ORS 705.638, 707.005 or 707.010 or where the person may have books, accounts and records; and
(b) Shall have the power to examine, copy or take possession of the books, accounts and records of the person in order to ascertain whether or not the person has violated or is violating any provision of ORS 705.638, 707.005 or 707.010.
(2) If a person refuses to grant access to the premises or refuses to comply with the provisions of subsection (1) of this section, the director may apply for an order to require compliance with the provisions of subsection (1) of this section from a court that has jurisdiction over the matter.
(3) When the director believes, from evidence satisfactory to the director, that a person is violating the provisions of ORS 705.638, 707.005 or 707.010, the director may:
(a) Issue an order finding the person in violation, directing the person to cease and desist from the violation and assessing a penalty equal to the costs of investigation plus $1,000, but not exceeding $5,000; and
(b) Publish notice of an order issued by the director pursuant to paragraph (a) of this subsection.
(4) An order under this section remains in effect until the director or a court withdraws the order. [2001 c.315 §46; 2009 c.541 §27]