reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.510 - License application form and contents; waiver; rules.

(1)(a) An applicant for a license to conduct a check-cashing business shall apply in writing on a form and in a format that the Director of the Department of Consumer and Business Services prescribes by rule.
(b) The director, consistent with the requirements of ORS 697.500 to 697.555, may administer a program to issue and renew licenses for check-cashing businesses by means of an agreement with the Nationwide Multistate Licensing System and may, by rule, conform the practices, procedures and information that the Department of Consumer and Business Services uses to issue or renew a license to the requirements of the Nationwide Multistate Licensing System.
(2) An application for a license to conduct a check-cashing business must contain all of the following:
(a) The applicant’s name, together with any fictitious name, assumed business name or trade name the applicant uses in conducting the applicant’s business;
(b) The name and address of all of the applicant’s members, partners, officers, directors or principals, as appropriate;
(c) The name and address of the applicant’s agent for the service of process, notice or demand, or a power of attorney that the applicant has executed and by which the applicant appoints the Director of the Department of Consumer and Business Services as the applicant’s agent for service of process, notice or demand;
(d) The applicant’s principal business address, the location of the applicant’s business records and the addresses for all locations where the applicant conducts or proposes to conduct a check-cashing business; and
(e) Other information that the director may require concerning the applicant’s financial responsibility, background experience and business activities and the financial responsibility, background experience and business activities of the applicant’s members, partners, officers, directors and principals.
(3) The director, for good cause shown or in order to conform the department’s licensing and license renewal program to the requirements of the Nationwide Multistate Licensing System, may waive any requirement of this section with respect to any license application or may allow an applicant to submit substituted information in a license application in lieu of the information required under subsection (2) of this section. [2007 c.358 §4; 2015 c.118 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.512 - Application fee and investigation fee; rules.

(1) Each person who submits an application under ORS 697.510 shall at the same time pay a nonrefundable application fee and a nonrefundable investigation fee to the Director of the Department of Consumer and Business Services in amounts the director prescribes by rule. If the director approves the application and issues a license under ORS 697.514, the application fee shall constitute the license fee for the remaining portion of the first calendar year and the subsequent full calendar year in which the applicant conducts a check-cashing business.
(2) The director shall prescribe fee amounts under subsection (1) of this section that in the aggregate are sufficient to pay all expenses of the Department of Consumer and Business Services related to administering ORS 697.500 to 697.555. The director shall pay all moneys received under this section into the Consumer and Business Services Fund as provided in ORS 705.145. [2007 c.358 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.514 - Application review and license issuance; expiration and renewal; grounds for denial; rules.

(1) After an applicant has submitted a complete application, the Director of the Department of Consumer and Business Services shall review the application and may investigate the applicant’s financial condition and responsibility, financial and business experience, character and general fitness to conduct a check-cashing business. The director may also determine if the applicant has complied with applicable provisions of ORS 697.500 to 697.555 and of federal law.
(2) The director shall issue a license to the applicant to conduct a check-cashing business at the locations identified in the application if the director finds that:
(a) The applicant and the applicant’s members, officers, directors and principals are financially responsible, have a good character and a good reputation and are experienced and generally fit to conduct a check-cashing business efficiently, in the public interest and in accordance with law;
(b) The applicant has fulfilled the requirements imposed under ORS 697.510; and
(c) The applicant has paid the license and investigation fees required under ORS 697.512.
(3) A license issued under this section expires on December 31 of the calendar year in which the director issues the license. A licensee may not assign or transfer a license issued under this section. A licensee may renew a license after paying a license fee in an amount the director prescribes by rule and only if the licensee meets conditions that the director prescribes by rule, including a condition that the licensee renew a license under the terms of the director’s agreement with the Nationwide Multistate Licensing System.
(4) The director shall deny the application if the applicant does not meet the requirements set forth in this section. The director shall issue any denial in writing and shall describe the reasons for the denial.
(5) If the director denies a license under this section, the applicant may request a hearing in accordance with ORS 183.435. After receiving the applicant’s request, the director shall grant the applicant a hearing under ORS 183.413 to 183.470. [2007 c.358 §6; 2015 c.118 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.520 - Prohibited practices; effect on charges for dishonored payment instruments.

(1) A check-cashing business may not charge or collect, directly or indirectly, an excessive fee, service charge or other consideration for cashing a payment instrument. A fee, service charge or other consideration is excessive if the total amount charged is more than the following amounts:
(a) For a payment instrument issued by the federal government or an agency of the federal government, by this state or an agency of this state or by the government of the municipality in which a person is cashing the payment instrument:
(A) $5 or two percent of the face value of the payment instrument, whichever is greater, if the person cashing the payment instrument provides valid and current government-issued photo identification; or
(B) $5 or 2-1/2 percent of the face value of the payment instrument, whichever is greater, if the person cashing the payment instrument does not provide valid and current government-issued photo identification.
(b) For a payment instrument issued by any other state or political subdivision thereof or for a payment instrument that is a payroll check:
(A) $5 or three percent of the face value of the payment instrument, whichever is greater, if the person cashing the payment instrument provides valid and current government-issued photo identification; or
(B) $5 or 3-1/2 percent of the face value of the payment instrument, whichever is greater, if the person cashing the payment instrument does not provide valid and current government-issued photo identification.
(c) For any other payment instrument, $5 or 10 percent of the face value of the payment instrument, whichever is greater.
(2) Notwithstanding the provisions of subsection (1) of this section, a fee, service charge or other consideration is excessive if the total amount charged is more than $100.
(3) This section does not affect fees, statutory damages or other charges a person may collect under ORS 30.701 in connection with dishonored payment instruments. [2007 c.358 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.522 - Receipt; contents.

A check-cashing business shall provide a receipt to the individual for whom the business cashes a payment instrument. The receipt must display at least:
(1) The name, assumed business name or trade name of the check-cashing business;
(2) The transaction date;
(3) The face amount of the payment instrument; and
(4) The fee charged or collected for cashing the payment instrument. [2007 c.358 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.524 - Endorsement and deposit of payment instruments.

A check-cashing business shall:
(1) Endorse in the name of the business all payment instruments for which the business provided money, credit or any other thing of value; and
(2) Deposit or present for payment each such payment instrument not later than one business day following the date of the transaction. [2007 c.358 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.526 - Notice of fees and charges; filing with department.

A check-cashing business shall conspicuously post and at all times display in each business location a notice that states the fees, services charges or other consideration that the business charges for cashing payment instruments. A licensee shall also file with the Director of the Department of Consumer and Business Services a copy of the notice posted in each of the licensee’s business locations. [2007 c.358 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.528 - Records; retention; examination costs; rules.

(1) A check-cashing business shall make, keep and maintain all records used in providing money, credit or any other thing of value in exchange for payment instruments that the Director of the Department of Consumer and Business Services may reasonably require. The check-cashing business shall keep and maintain the records that the director requires under this section separate from records used for any other business that the check-cashing business conducts. The check-cashing business shall retain the records the director requires under this section for three years following the date of the transaction each record describes, or for so long as the director may prescribe by rule.
(2) The director may examine the records required to be kept and maintained under this section to determine whether the check-cashing business is complying with ORS 697.500 to 697.555 and with rules the director has adopted under ORS 697.500 to 697.555. The check-cashing business shall pay the Department of Consumer and Business Services for the actual cost of the examination. The director by rule shall establish rates and charges associated with examinations made under this section. [2007 c.358 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.530 - Prohibited conduct.

A check-cashing business may not:
(1) Publish, disseminate or cause to be published or disseminated a communication that contains a false, misleading or deceptive statement or representation.
(2) Conduct business at premises or locations other than locations licensed by the Director of the Department of Consumer and Business Services.
(3) Engage in unfair, deceptive or fraudulent practices. [2007 c.358 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.540 - Suspension or revocation of license; grounds; notice and hearing.

(1) The Director of the Department of Consumer and Business Services may by order suspend or revoke any license issued under ORS 697.514 if the director finds that any of the following circumstances are true:
(a) The licensee has violated a provision of ORS 697.500 to 697.555 or of a rule or order the director has adopted or issued under ORS 697.500 to 697.555.
(b) The licensee knowingly made a false or misleading statement on the application for a license under ORS 697.510 or in information the licensee submitted to the director.
(c) The licensee refused to permit the director to make an investigation authorized under ORS 697.528.
(d) The licensee has engaged in, or has a felony or misdemeanor conviction for, fraud, misrepresentation or deceit or has demonstrated untrustworthiness or incompetence in conducting the check-cashing business.
(e) The licensee has not paid a fee required under ORS 697.512 or examination costs under ORS 697.528.
(2) The director may not suspend or revoke any license issued under ORS 697.514 unless the licensee has had notice and an opportunity for a hearing in accordance with ORS 183.413 to 183.470. [2007 c.358 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.542 - Powers of director; cease and desist order.

The Director of the Department of Consumer and Business Services may:
(1) Make such investigations as the director deems necessary to determine whether a person has violated, is violating or is preparing to violate ORS 697.500 to 697.555 or a rule or order adopted or issued under ORS 697.500 to 697.555.
(2) Require a person to file a statement in writing, under oath or otherwise as the director determines, concerning a matter under investigation.
(3) Take evidence from witnesses and compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director considers relevant or material to an investigation or proceeding.
(4) Take any affirmative action necessary to carry out the provisions of this section, including assessing the costs of an investigation.
(5) Order a person to cease and desist from any action that the director has reason to believe was, is or is about to become a violation of ORS 697.500 to 697.555, a rule adopted to implement ORS 697.500 to 697.555 or an order the director issued to enforce ORS 697.500 to 697.555. [2007 c.358 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.555 - Civil penalties; restitution.

(1) If the Director of the Department of Consumer and Business Services finds that a person has violated a provision of ORS 697.500 to 697.555 or any rules adopted under ORS 697.500 to 697.555, the director may impose in the manner provided in ORS 183.745 a civil penalty in an amount not to exceed $1,000 for each violation or, in the case of a continuing violation, not more than $1,000 for each day that the violation continues. The total amount of a penalty imposed for a continuing violation may not exceed $20,000 for each offense. The director shall pay all moneys received under this section into the Consumer and Business Services Fund as provided in ORS 705.145.
(2) The director may order any check-cashing business the director finds in violation of ORS 697.520 to repay any excessive fee, service charge or consideration the check-cashing business has collected. [2007 c.358 §15]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.602 - Definitions for ORS 697.602 to 697.842.

As used in ORS 697.602 to 697.842:
(1) "Consumer" means an individual who is obligated or is allegedly obligated to pay a debt and on whose behalf a debt management service provider performs or agrees to perform a debt management service.
(2) "Debt management service" means an activity for which a person receives money or other valuable consideration or expects to receive money or other valuable consideration in return for:
(a) Receiving or offering to receive funds from a consumer for the purpose of distributing the funds among the consumer’s creditors in full or partial payment of the consumer’s debts, whether or not the person holds the consumer’s funds;
(b) Improving or offering to improve or preserve a consumer’s credit record, credit history or credit rating;
(c) Modifying or offering to modify terms and conditions of an existing loan from or obligation to a third party; or
(d) Obtaining or attempting to obtain as an intermediary on a consumer’s behalf a concession from a creditor including, but not limited to, a reduction in the principal, interest, penalties or fees associated with a debt.
(3) "Debt management service provider" means a person that:
(a) Resides or does business in this state; and
(b) Provides or performs, or represents that the person can or will provide or perform a debt management service in return for or in expectation of money or other valuable consideration.
(4) "Nationwide Multistate Licensing System" means a system that the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, or assigns of the Conference of State Bank Supervisors or the American Association of Residential Mortgage Regulators, develop and maintain for participating state agencies to use in licensing and registering mortgage loan originators and other persons that provide nondepository financial services.
(5) "Nonprofit entity" means a person, corporation, organization, board, association or other entity described in 26 U.S.C. 501(c)(3), as in effect on June 26, 2009, that is exempt from taxation under 26 U.S.C. 501(a). [1983 c.17 §2; 1987 c.373 §45; 1993 c.744 §21; 2009 c.604 §1; 2015 c.118 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.642 - Bond requirement.

(1) An applicant for registration as a debt management service provider at the time of application shall file with the Director of the Department of Consumer and Business Services a bond issued by one or more corporate sureties authorized to do business in this state. The bond must:
(a) Be in an amount that is:
(A) A minimum of $10,000; or
(B) An amount the director specifies by rule.
(b) Require the surety company to provide written notice to the director by registered or certified mail:
(A) At least 30 days before the surety company cancels or revokes the bond; or
(B) Whenever the surety company pays for a loss under the bond.
(c) Satisfy the provisions of subsection (2) of this section.
(2) The bond that a debt management service provider must file under subsection (1) of this section, in addition to the requirements set forth under subsection (1) of this section, must be:
(a) Payable to the order of the director; and
(b) Conditioned so that the corporate surety or the debt management service provider upon the director’s order or a court order pays all amounts due for a violation of the debt management service provider’s duties and obligations to consumers under ORS 697.652 to 697.702.
(3) If a surety cancels, revokes or otherwise terminates a bond required under subsection (1) of this section or if the amount of the bond is reduced to less than the amount required under subsection (1) of this section, the debt management service provider shall immediately:
(a) File a replacement bond; or
(b) Surrender the debt management service provider’s registration to the director and cease operating as a debt management service provider or providing debt management services.
(4) A person that has a right of action against a debt management service provider under ORS 697.718 has a right of action against the bond required under subsection (1) of this section. [1983 c.17 §6; 1989 c.209 §2; 2009 c.604 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.672 - Requirement to make, keep and maintain records; rules.

(1) A debt management service provider shall make, keep and maintain accounts, correspondence, memoranda, papers, books and other records that the Director of the Department of Consumer and Business Services by rule determines are necessary to ensure that the debt management service provider is complying with the provisions of ORS 697.602 to 697.842.
(2) A debt management service provider shall maintain records for each consumer with which the debt management service provider does business in a form and with contents the director specifies by rule. The debt management service provider shall maintain each consumer record for a period of three years after the date of the last entry in the record. The debt management service provider may dispose of the record in accordance with applicable law after the three-year period described in this subsection has expired.
(3) A debt management service provider shall record all disbursements that the debt management service provider makes, if any, to a consumer’s creditors.
(4) The director may at any reasonable time examine the debt management service provider, the records described in subsection (1) of this section or the debt management service provider’s activities in connection with performing a debt management service. [1983 c.17 §9; 2009 c.604 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.682 - Trust accounts for client funds; statements.

(1) A debt management service provider that holds a consumer’s funds, directly or indirectly, shall establish a trust account in this state with an insured institution, as defined in ORS 706.008, in which to keep the consumer funds that the debt management service provider holds.
(2) The debt management service provider may establish a separate trust account for each consumer with whom the debt management service provider does business, or may establish a single trust account in which the debt management service provider keeps all consumer funds. If the debt management service provider establishes a single trust account, the debt management service provider shall maintain a separate ledger or other record of receipts and disbursements for each consumer on whose behalf the debt management service provider holds funds in the account. The debt management service provider in the financial statement required under subsection (4) of this section and the agreement described in ORS 697.652 shall disclose the amount of interest earned on the consumer’s funds in the separate trust account or the amount attributable to the consumer’s share of the single trust account to the extent that the interest earned exceeds the fees the financial institution charges to maintain the trust account.
(3) The debt management service provider shall deposit into the trust account all wages, salary, income, credits or proceeds from property that the debt management service provider receives from the consumer or the consumer’s property and shall disburse from the trust account all payments the debt management service provider makes on the consumer’s behalf, including payments of the debt management service provider’s fees or charges.
(4) The debt management service provider without charge shall provide to the consumer in accordance with the terms of the agreement described in ORS 697.652, or at the consumer’s request for the period of time the consumer specifies, a statement of the funds or property that the debt management service provider received from or on behalf of the consumer and the disbursements that the debt management service provider made from the trust account under the terms of the agreement.
(5) A debt management service provider may not deposit in a trust account on a single consumer’s behalf more than $250,000 in consumer funds. [1983 c.17 §10; 2009 c.604 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.702 - Interference with records of debt management service provider.

(1) A person commits the offense of interfering with records of a debt management service provider if, with respect to a record to which ORS 697.672 applies, the person intentionally:
(a) Makes a false entry in the record; or
(b) Mutilates, destroys or otherwise disposes of the record.
(2) Subsection (1)(b) of this section does not apply to a debt management service provider that disposes of a record after the retention period set forth in ORS 697.672 expires. [1983 c.17 §12; 2005 c.338 §16; 2009 c.604 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.718 - Liability for consumer’s ascertainable loss; limitation on time to commence action.

(1) A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 is liable to a consumer who suffers an ascertainable loss of money or property, real or personal, in connection with the debt management service provider’s or person’s violation of a provision of ORS 697.652, 697.662, 697.682, 697.692 or 697.707.
(2) Except as provided in this subsection, an action or suit may not be commenced under this section more than three years after the date on which the debt management service provider or person enters into an agreement for a debt management service with the consumer that suffered the ascertainable loss of money or property or more than three years after the debt management service provider or person performs a debt management service that violates ORS 697.652. An action under this section may be commenced within three years after the transaction that is the subject of the action or within two years after the facts on which the action is based were or should have been discovered, but an action may not be commenced more than five years after the transaction. Failure to commence an action on a timely basis is an affirmative defense.
(3) A consumer that has a right of action against a debt management service provider under this section has a right of action against the bond required under ORS 697.642.
(4) A court may award reasonable attorney fees to the prevailing party in an action brought under this section. [2009 c.604 §20]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.722 - Execution or attachment of trust account funds.

Funds in a trust account that a debt management service provider maintains under ORS 697.682 are not subject to execution or attachment on a claim against the debt management service provider. [1983 c.17 §14; 2009 c.604 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.762 - Enjoining violations; attorney fees; damages.

(1) If the Director of the Department of Consumer and Business Services determines that a person has engaged in, is engaging in or is about to engage in an act or practice that the director believes is in violation of ORS 697.612, 697.642 to 697.702 or 697.752, in addition to actions the director may take under ORS 697.752 the director may bring suit in the name of the State of Oregon in a circuit court of this state to enjoin the act or practice. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator for the defendant or the defendant’s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant if the defendant prevails in an action under this section and the court determines that the director did not have an objectively reasonable basis for asserting the claim or a reasonable basis for appealing an adverse decision of the trial court.
(2) The director may include in a suit authorized by subsection (1) of this section a claim for damages on behalf of a person injured by an act or practice against which the director sought an injunction or restraining order. The court may award appropriate relief to the person if the court finds that enforcing the person’s right by private civil action or suit, whether by class action or otherwise, would be so burdensome or expensive as to be impracticable. [1983 c.17 §18; 1995 c.696 §46; 2005 c.338 §19; 2009 c.604 §15]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.822 - Remedy not exclusive.

The remedy provided for in ORS 697.718:
(1) Is in addition to and not exclusive of other remedies provided by law.
(2) Does not limit a person’s statutory or common-law right to bring an action in any court for an act of a debt management service provider, or the right of the state to punish a person for violating a law. [1983 c.17 §24; 2009 c.604 §16]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.825 - Enforcement; orders.

(1) The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person:
(a) Violated, is violating or is about to violate ORS 697.612, 697.642 to 697.702 or 697.752, a rule adopted under ORS 697.632 or an order issued under ORS 697.652 or 697.732, issue an order to cease and desist from the violation.
(b) Filed information under ORS 697.632 that is false or untruthful, issue an order to correct the filing.
(c) Failed to maintain in effect the bond required under ORS 697.642, issue an order to remedy the failure.
(2)(a) The director shall serve an order under this section on the person named in the order.
(b) An order issued under this section becomes effective upon service on the person named in the order.
(c) ORS 183.413 to 183.470 apply to an order issued under this section.
(d) Notwithstanding paragraph (c) of this subsection, a person may not obtain a hearing on the order unless the person requests the hearing in writing within 20 days after service of the order.
(e) A person who does not request a contested case hearing may not obtain judicial review of the order.
(f) The director may vacate or modify an order issued under this section. A modified order is effective upon service on the person named in the order.
(3) The authority conferred by this section is in addition to and not in lieu of any other authority conferred on the director. [2005 c.338 §15; 2009 c.604 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.832 - Civil penalties.

(1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a civil penalty on a person in an amount not to exceed $5,000 for each violation of ORS 697.612 or 697.642 to 697.702, rules adopted under ORS 697.632 or order issued under ORS 697.825.
(2) The director shall impose a civil penalty on a person under this section in the manner provided in ORS 183.745.
(3) Notwithstanding ORS 183.745, the person to whom the notice is addressed has 10 days from the date on which the notice was mailed in which to apply for a hearing before the director.
(4) Paying or tendering payment for a civil penalty imposed under this section does not relieve a person from the obligation to comply with the applicable statute or rule.
(5) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [1983 c.17 §24a; 1989 c.706 §25; 1991 c.734 §88; 2005 c.338 §20; 2009 c.604 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.840 - Rules.

The Director of the Department of Consumer and Business Services may adopt, amend and repeal rules that are necessary to carry out the provisions of ORS 697.602 to 697.842. [2009 c.604 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.842 - Disposition of moneys received by director.

All moneys received by the Director of the Department of Consumer and Business Services or the department under ORS 697.005 to 697.095 or 697.602 to 697.842, excepting any penalties received under ORS 697.832, shall be paid into the State Treasury, deposited in the Consumer and Business Services Fund created by ORS 705.145 and used exclusively for the purposes of ORS 697.005 to 697.095 and 697.602 to 697.842. [1983 c.17 §25; 1987 c.373 §46; 2001 c.319 §§5,6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.990 - Penalties.

(1) Violation of ORS 697.015 or 697.058 by an individual is a Class A violation.
(2) Violation of ORS 697.015 or 697.058 by a corporation or association is a Class A violation. Any officer or agent of a corporation or association who personally participates in any violation of ORS 697.015 or 697.058 by the corporation or association is subject to the penalty prescribed in subsection (1) of this section.
(3) Violation of ORS 697.612 or 697.642 to 697.702 is punishable, upon conviction, as a Class A misdemeanor. [Amended by 1959 c.525 §35; subsection (1) derived from subsection (1) of 697.990 (1957 Replacement Part) and subsection (1) of 1959 c.635 §37; subsection (2) derived from subsection (2) of 697.990 (1957 Replacement Part) and subsection (2) of 1959 c.635 §37; subsection (3) derived from subsection (3) of 1959 c.635 §37; 1981 c.85 §14; 1983 c.17 §31; subsection (3) enacted as 1983 c.17 §26; 1983 c.69 §6; 1999 c.1051 §219; 2005 c.338 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.992 - Jurisdiction of courts.

Justice courts have concurrent jurisdiction with circuit courts in all criminal prosecutions for violation of ORS 697.015, 697.058, 697.612 and 697.642 to 697.702. [Derived from 697.480 (1957 Replacement Part) and 1959 c.635 §36; 1983 c.17 §32; 1995 c.622 §10; 2005 c.338 §22]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 698 - Auctions › Section 698.635 - Definitions for ORS 698.640 and 698.650.

As used in ORS 698.640 and 698.650:
(1) "Auction" or "auction sale" means a sale of or an offer to sell real or personal property to the highest bidder.
(2) "Auctioneer" means a person who sells or offers to sell property at auction, either on the person’s own behalf or for another person.
(3) "Auction mart" means a fixed or established place designed, intended or used to conduct auction sales where more than one sale has occurred during a calendar year.
(4) "Consignee" means a person to whom another person offers, gives or entrusts personal property with the expectation that the person will sell the personal property in a manner other than at an auction sale and compensate the other person from the proceeds of the sale.
(5) "Consignment sale" means a sale of personal property, or a display of personal property for the purpose of selling the personal property, that a consignee conducts in public or with members of the public other than at a public auction. [1983 c.404 §1; 2013 c.493 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 698 - Auctions › Section 698.650 - Exemptions.

ORS 698.640 does not apply to:
(1) An auction, auctioneer or auction mart regulated under ORS chapter 599.
(2) The sale of timber at an auction or auction mart or by an auctioneer. In addition, the sale of timber at auction is with reserve unless the timber is in explicit terms put up without reserve.
(3) A transaction that is described or regulated under ORS 359.200 to 359.255, 446.751, 622.160, 650.120 to 650.170 or 822.060.
(4) An estate sale conducted under the authority of a court, or in accordance with procedures specified in ORS chapter 113, if the provisions of ORS 698.640 conflict with orders of the court or procedures set forth in ORS chapter 113.
(5) A going out of business sale regulated under ORS 646A.100 to 646A.110. [1983 c.404 §3; 2013 c.493 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 698 - Auctions › Section 698.990

[Subsection (3) of 1965 Replacement Part enacted as 1955 c.659 §8; subsection (2) enacted as part of 1957 c.722 §19; 1967 c.344 §9; 1975 c.453 §3; repealed by 1977 c.842 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.005 - Definitions.

As used in ORS 699.005 to 699.060:
(1) "Facility fee" means a fee for amenities or services generally accessible to all guests of a hotel or inn without special request by a guest, that is charged to all guests regardless of use of those amenities or services.
(2) "Hotel" or "inn" means a property, however owned and including a condominium under ORS chapter 100, in which rooms or suites of rooms generally are rented as transient lodgings and not as principal residences.
(3) "Hotelkeeper" or "innkeeper" means the sole proprietorship, partnership, corporation or other business entity that manages, rents or operates a hotel or inn. "Hotelkeeper" or "innkeeper" includes the officers and employees of the business entity.
(4) "Transient lodging" means a room or suite of rooms that is not occupied as a principal residence:
(a) By persons for periods of less than 30 consecutive days; or
(b) With which the services normally offered by hotels, including but not limited to daily or bidaily maid and linen service, a front desk and a telephone switchboard, are provided, regardless of the length of occupancy of a person. [1979 c.125 §2; 1979 c.856 §6; 2017 c.213 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.008 - Facility fees.

(1) A hotelkeeper or innkeeper may not charge a facility fee in addition to the price of rental of a guest room in the hotel or inn unless the hotelkeeper or innkeeper discloses the facility fee at the time that a guest reserves or rents a guest room, whichever is sooner.
(2) A travel arrangement company that facilitates the reservation or rental of a guest room in a hotel or inn shall disclose at the time of reservation or rental, whichever is sooner, any facility fee that the hotel or inn charges in addition to the price of rental of a guest room.
(3) This section does not prohibit the hotelkeeper or innkeeper from assessing any state or local transient lodging taxes. [2017 c.213 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.010 - Limitation on innkeeper or hotelkeeper liability for valuables.

No innkeeper or hotelkeeper, whether individual, partnership or corporation, who constantly has in the inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, railroad mileage books or tickets, negotiable or valuable papers and bullion, jewelry, articles of gold and silver manufacture, precious stones or ornaments which are owned, used, held or carried by any guest not as sample merchandise or for sale, and who keeps on the doors of the sleeping rooms used by guests, locks or bolts, and who keeps a copy of ORS 164.125 and 699.005 to 699.060 conspicuously posted in the hotel or inn, as provided in ORS 699.060, is liable for the loss of or injury to such property suffered by any guest, unless the guest has offered to deliver the property to the innkeeper or hotelkeeper for custody in such metal safe or vault, and the innkeeper or hotelkeeper has omitted or refused to take it and deposit it in such safe or vault for custody and to give such guest therefor a receipt, claim check or key to a separate compartment or box in such metal safe or vault. However, the keeper of any inn or hotel is not obliged to receive from any one guest for deposit in such safe or vault any property described and enumerated in this section exceeding a total value of $300, and shall not be liable to such guest for loss or damage to such property described and enumerated in this section in excess of the sum of $300, whether received or not; except that the innkeeper or hotelkeeper may by special arrangement with a guest receive for deposit in such safe or vault any property, other than that described and enumerated in this section upon such terms as they may agree to in writing. Every innkeeper or hotelkeeper is liable for the loss of any property of a guest in the inn or hotel, whether or not the property has been accepted for safekeeping as provided in this section, if the loss is due to the theft or negligence of the innkeeper, hotelkeeper or any of the servants of the innkeeper or hotelkeeper. [Amended by 1971 c.743 §411]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.020 - Safekeeping of baggage; scope of liability.

It is the duty of every guest and of every one intending to be a guest of any hotel in this state, upon delivering to the proprietor of such hotel or to servants of the proprietor, any baggage or other articles of property of such guest for safekeeping (elsewhere than to the room assigned to such guest), to demand and of such hotel proprietor to give, a claim check or receipt therefor in such case, to evidence the fact of such delivery. No hotel proprietor shall be liable for the loss of or injury to such baggage or other article of property of such guests, unless the property was actually delivered by the guest to the hotel proprietor or to servants of the proprietor for safekeeping, or unless the loss or injury occurred through the negligence of the hotel proprietor or by servants or employees in the hotel. However, the innkeeper or hotelkeeper may by special arrangement with a guest receive any baggage or other articles of property of such guest for safekeeping upon such terms as they may agree to in writing.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.030 - Liability for other property.

(1) The liability of the keeper of any inn or hotel, whether individual, partnership, or corporation, for loss or injury to personal property placed by guests under the care of the keeper, other than that described in ORS 699.010 and 699.020, shall be that of a depository for hire. However, in no case shall such liability exceed $150 for each trunk and its contents, $50 for each valise and its contents and $10 for each box, bundle or package and contents so placed under the care of the keeper, and $50 for all other miscellaneous effects, including wearing apparel and personal belongings, unless the keeper has consented in writing with the guest to assume a greater liability.
(2) If any person suffers baggage or property to remain in any inn or hotel after leaving it as a guest, and after the relation of innkeeper and guest between the guest and proprietor of the inn or hotel has ceased, or forwards baggage or property to the inn or hotel before becoming a guest thereof and the baggage or property received into the inn or hotel, the innkeeper or hotelkeeper, if the keeper holds such baggage or property, shall hold it solely at the risk of such person.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.040 - Liability in cases not covered by ORS 699.005 to 699.060.

In all cases other than provided in ORS 699.005 to 699.060, where liability is imposed by law upon a hotelkeeper or innkeeper for loss of or damage to the personal property of a guest of such hotelkeeper or innkeeper, the liability of such hotelkeeper or innkeeper for the loss or damage to the personal property of such guest shall be limited to $50, except when the loss or damage is due to the theft or gross negligence of the innkeeper or hotelkeeper or any of the servants of either.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.050 - Property left in hotel over 60 days; notice and sale.

(1) If any person leaves any baggage or property in any inn or hotel for a period of 60 days after the relation of hotelkeeper or innkeeper and guest or boarder between such guest or boarder and the proprietor of such inn or hotel has ceased, the hotelkeeper or innkeeper may proceed to sell the baggage or other property of such guest or boarder at private sale, 10 days after posting notice of the time and place of the sale in three public places in the city where the hotel or inn is located, provided a copy of such notice is mailed in an envelope, addressed to the guest or boarder at the place of residence registered by the guest or boarder in the register of the inn or hotel. The proceeds of the sale shall be applied first to the payment of the hotelkeeper’s or innkeeper’s claims for storage on such baggage or property and of the cost of selling the same. Any residue remaining shall, on demand within six months, be paid to the guest or boarder and if not so demanded within six months from the date of the sale, the residue shall be deposited by the innkeeper or hotelkeeper with the treasurer of the county in which the inn or hotel is situated, together with a statement of the innkeeper’s claims for storage and the cost of enforcing the same, a copy of the notice and of the amounts received for the goods sold at the sale. The county treasurer shall credit the residue to the general revenue fund of the county, subject to the right of the guest or boarder, or a representative of the guest or boarder, to reclaim it.
(2) The notice provided for in subsection (1) of this section shall be substantially in the following form:
______________________________________________________________________________
I, (name of the owner, manager or other proper person) hereby state that more than _____ days have elapsed since (name of the owner or other person who left the property in the hotel or inn) left certain baggage, clothing and other property in (name of hotel or inn) and that the relation of hotelkeeper or innkeeper and guest or boarder between such person and the undersigned has ceased as of said aforementioned time; that there is now due or owing the undersigned on account of its storing said baggage, clothing and property the sum of $_____. Notice hereby is given that the undersigned will proceed to sell the clothing, baggage and other property (no other description is necessary) of the above-named person at private sale at (name of the hotel or inn or other place where the sale shall take place) on the _____ day of _____, 2___.
Dated this _____ day of _____, 2___.
Signed ____________
______________________________________________________________________________ [Amended by 1957 c.670 §32]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 699 - Innkeepers and Hotelkeepers › Section 699.055 - Guest as trespasser.

When a guest has become a trespasser under ORS 164.243 and if that guest refuses to depart from a transient lodging in sufficient time for the hotelkeeper to honor a confirmed reservation, the hotelkeeper may have the guest and chattels of the guest removed by a police officer without incurring any liability to the guest for removal and, if appropriate, may retain possession of the chattels pursuant to ORS 87.156. [1979 c.856 §4]