reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.710 - Necessity of alleging license in action to collect compensation.

(1) A real estate broker or principal real estate broker conducting professional real estate activity within this state may not bring or maintain any action for the collection of compensation without alleging and proving that the individual was a real estate licensee when the alleged cause of action arose.
(2) An action for collection of compensation from a client for professional real estate activity conducted by a real estate broker associated with a principal real estate broker may not be brought or maintained except by the principal real estate broker with whom the real estate broker was associated when the alleged cause of action arose. [Amended by 1981 c.617 §32; 1991 c.5 §44; 2001 c.300 §43; 2007 c.319 §18; 2017 c.234 §26]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.720 - Remedies are concurrent.

The remedies provided for in ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 are in addition to and not exclusive of any other remedies provided by law.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.730 - Jurisdiction of courts for violations; revoking license upon conviction; copy of order to commissioner.

Any court of competent jurisdiction, including a justice court, has full power to hear any violation of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 by an individual licensed under ORS 696.022, and, upon finding a violation, the court may, at its discretion and in addition to the other penalties imposed, revoke the license of the individual found to have violated any provision of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995. The clerk of the court shall forward a copy of any order revoking a real estate license to the Real Estate Commissioner. [Amended by 1987 c.468 §5; 2001 c.300 §79; 2007 c.319 §19]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.775 - Authority of commissioner when license lapsed, expired, revoked, suspended or surrendered.

The lapsing, expiration, revocation or suspension of a real estate license, whether by operation of law, order of the Real Estate Commissioner or decision of a court of law, or the inactive status of the license or voluntary surrender of the license by the real estate licensee, does not deprive the commissioner of jurisdiction to:
(1) Proceed with an investigation of the licensee;
(2) Conduct disciplinary proceedings relating to the licensee;
(3) Take action against a licensee, including assessment of a civil penalty against the licensee for a violation of ORS 696.020 (2); or
(4) Revise or render null and void an order suspending or revoking a license. [1977 c.649 §3; 1981 c.617 §32a; 2005 c.116 §12; 2007 c.319 §20]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.785 - Commissioner duties when illegal commingling of funds found; receivership procedure.

(1) When the Real Estate Commissioner ascertains by audit, investigation or otherwise that a real estate licensee has commingled trust funds with personal funds or has embezzled trust funds and that such activity is likely to cause significant financial loss to others as a result of professional real estate activity engaged in by such licensee, the commissioner may communicate such fact to the Attorney General, whereupon it shall become the duty of the Attorney General to forthwith assist the commissioner in instituting such proceedings as may be necessary to carry out the purposes of this section.
(2) Pursuant to subsection (1) of this section, the commissioner may apply to the circuit court of the county in which the licensee’s principal place of business is located for an order directing the licensee to show cause why a receiver should not be appointed to take charge of and manage or liquidate if necessary the assets of the licensee utilized in professional real estate activity in such a manner as to prevent or minimize such financial loss to others.
(3) If the court is satisfied from reading the commissioner’s petition that the facts therein alleged, if established, warrant such receivership action, the court shall issue such order to show cause. The court may at such time, without notice, issue a temporary injunction restraining such licensee, or any of the licensee’s officers, directors, stockholders, members, agents or employees, from the transaction of any professional real estate activity, or the waste or disposition of any such assets until further order of the court. Should such an injunction be issued, a hearing on whether the injunction shall be continued shall be held within five business days of its service.
(4) On return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the same, together with such other relief as the court may deem necessary.
(5) Notwithstanding any other provision of law, no bond shall be required of the commissioner or the commissioner’s authorized representatives as a prerequisite for the issuance of any injunction or other order pursuant to this section.
(6) At any time during such proceedings, the licensee may satisfy the court that the activity which prompted such proceedings has been rectified or that financial loss to others no longer will likely occur, in which case the court may dismiss such proceedings.
(7) The expenses of the receiver, compensation of the legal counsel of the receiver, as well as all expenditures of the receiver required in such proceedings shall be fixed by the court and shall be paid out of funds in the hands of the receiver or entered as a judgment against such licensee. [1977 c.649 §8; 1981 c.617 §33]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.790 - Authority of commissioner to require fingerprints.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Real Estate Commissioner may require the fingerprints of an individual who:
(1) Is applying for a license, or renewal of a license, under this chapter; or
(2)(a)(A) Is employed or applying for employment by the Real Estate Agency; or
(B) Provides services or seeks to provide services to the Real Estate Agency as a contractor or volunteer; and
(b) Is, or will be, working or providing services in a position:
(A) In which the individual is providing information technology services and has control over, or access to, information technology systems that would allow the individual to harm the information technology systems or the information contained in the systems;
(B) In which the individual 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 individual 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) That has personnel or human resources functions as a primary responsibility;
(F) In which the individual has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or
(G) In which the individual has access to tax or financial information about individuals or business entities. [1989 c.724 §14; 2005 c.730 §40; 2007 c.619 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.795 - Authority of commissioner to conduct investigations and proceedings.

(1) For the purpose of an investigation or proceeding under this chapter, the commissioner may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the commissioner deems relevant or material to the inquiry. Each witness who appears before the commissioner under a subpoena shall receive the fees and mileage provided for witnesses in civil cases.
(2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the commissioner, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1989 c.724 §16]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.805 - Real estate licensee as seller’s agent; obligations.

(1) A real estate licensee who acts under a listing agreement with the seller acts as the seller’s agent only.
(2) A seller’s agent owes the seller, other principals and the principals’ agents involved in a real estate transaction the following affirmative duties:
(a) To deal honestly and in good faith;
(b) To present all written offers, written notices and other written communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase; and
(c) To disclose material facts known by the seller’s agent and not apparent or readily ascertainable to a party.
(3) A seller’s agent owes the seller involved in a real estate transaction the following affirmative duties:
(a) To exercise reasonable care and diligence;
(b) To account in a timely manner for money and property received from or on behalf of the seller;
(c) To be loyal to the seller by not taking action that is adverse or detrimental to the seller’s interest in a transaction;
(d) To disclose in a timely manner to the seller any conflict of interest, existing or contemplated;
(e) To advise the seller to seek expert advice on matters related to the transaction that are beyond the agent’s expertise;
(f) To maintain confidential information from or about the seller except under subpoena or court order, even after termination of the agency relationship; and
(g) Unless agreed otherwise in writing, to make a continuous, good faith effort to find a buyer for the property, except that a seller’s agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale.
(4) A seller’s agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller.
(5) Except as provided in subsection (3)(g) of this section, an affirmative duty may not be waived.
(6) Nothing in this section implies a duty to investigate matters that are outside the scope of the real estate licensee’s expertise, including but not limited to investigation of the condition of property, the legal status of the title or the owner’s past conformance with law, unless the licensee or the licensee’s agent agrees in writing to investigate a matter.
(7) In order to help a seller avoid selecting a buyer based on the buyer’s race, color, religion, sex, sexual orientation, national origin, marital status or familial status as prohibited by the Fair Housing Act (42 U.S.C. 3601 et seq.), a seller’s agent shall reject any communication other than customary documents in a real estate transaction, including photographs, provided by a buyer. [1993 c.570 §3; 2001 c.300 §45; 2003 c.398 §11; 2005 c.393 §6; 2021 c.359 §1]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.810 - Real estate licensee as buyer’s agent; obligations.

(1) A real estate licensee other than the seller’s agent may agree with the buyer to act as the buyer’s agent only. The buyer’s agent is not representing the seller, even if the buyer’s agent is receiving compensation for services rendered, either in full or in part, from the seller or through the seller’s agent.
(2) A buyer’s agent owes the buyer, other principals and the principals’ agents involved in a real estate transaction the following affirmative duties:
(a) To deal honestly and in good faith;
(b) To present all written offers, written notices and other written communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase; and
(c) To disclose material facts known by the buyer’s agent and not apparent or readily ascertainable to a party.
(3) A buyer’s agent owes the buyer involved in a real estate transaction the following affirmative duties:
(a) To exercise reasonable care and diligence;
(b) To account in a timely manner for money and property received from or on behalf of the buyer;
(c) To be loyal to the buyer by not taking action that is adverse or detrimental to the buyer’s interest in a transaction;
(d) To disclose in a timely manner to the buyer any conflict of interest, existing or contemplated;
(e) To advise the buyer to seek expert advice on matters related to the transaction that are beyond the agent’s expertise;
(f) To maintain confidential information from or about the buyer except under subpoena or court order, even after termination of the agency relationship; and
(g) Unless agreed otherwise in writing, to make a continuous, good faith effort to find property for the buyer, except that a buyer’s agent is not required to seek additional properties for the buyer while the buyer is subject to a contract for purchase or to show properties for which there is no written agreement to pay compensation to the buyer’s agent.
(4) A buyer’s agent may show properties in which the buyer is interested to other prospective buyers without breaching an affirmative duty to the buyer.
(5) Except as provided in subsection (3)(g) of this section, an affirmative duty may not be waived.
(6) Nothing in this section implies a duty to investigate matters that are outside the scope of the real estate licensee’s expertise, including but not limited to investigation of the condition of property, the legal status of the title or the owner’s past conformance with law, unless the licensee or the licensee’s agent agrees in writing to investigate a matter. [1993 c.570 §4; 2001 c.300 §46; 2003 c.398 §12; 2005 c.393 §7]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.815 - Representation of both buyer and seller; obligations.

(1) A real estate licensee may represent both the seller and the buyer in a real estate transaction under a disclosed limited agency agreement, with full disclosure of the relationship under the agreement.
(2) A real estate licensee acting pursuant to a disclosed limited agency agreement has the following duties and obligations:
(a) To the seller, the duties under ORS 696.805;
(b) To the buyer, the duties under ORS 696.810; and
(c) To both seller and buyer, except with express written permission of the respective person, the duty not to disclose to the other person:
(A) That the seller will accept a price lower or terms less favorable than the listing price or terms;
(B) That the buyer will pay a price greater or terms more favorable than the offering price or terms; or
(C) Specific confidential information as defined in ORS 696.800 (3).
(3) Nothing in this section implies a duty to investigate matters that are outside the scope of the real estate licensee’s expertise unless the licensee agrees in writing to investigate a matter.
(4) In a real estate transaction in which different real estate brokers associated with the same principal real estate broker establish agency relationships with different parties to the real estate transaction, the principal real estate broker shall be the only broker acting as a disclosed limited agent representing both seller and buyer. Other brokers shall continue to represent only the party with whom the broker has an agency relationship unless all parties agree otherwise in writing.
(5) The principal real estate broker and the real estate licensees representing either seller or buyer shall owe the following duties to the seller and buyer:
(a) To disclose a conflict of interest in writing to all parties;
(b) To take no action that is adverse or detrimental to either party’s interest in the transaction; and
(c) To obey the lawful instructions of both parties. [1993 c.570 §5; 2001 c.300 §47]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.820 - Agency disclosure pamphlet; rules.

(1) The Real Estate Commissioner shall prescribe by rule the format and content of an initial agency disclosure pamphlet. The rules must provide that the initial agency disclosure pamphlet is informational only and may not be construed to be evidence of intent to create an agency relationship.
(2) An agent shall provide a copy of the initial agency disclosure pamphlet at the first contact with each party to a real property transaction, including but not limited to contacts in person, by telephone, over the Internet or the World Wide Web, or by electronic mail, electronic bulletin board or a similar electronic method. [1993 c.570 §6; 2001 c.300 §48; 2005 c.116 §15]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.822 - Liability of principal for act, error or omission of agent or subagent.

(1) A principal is not liable for an act, error or omission by an agent or subagent of the principal arising out of an agency relationship established under ORS 696.805, 696.810, 696.815 or 696.820:
(a) Unless the principal participates in or authorizes the act, error or omission; and
(b) Only to the extent that:
(A) The principal benefited from the act, error or omission; and
(B) A court or arbitrator determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent of the principal.
(2) A real estate licensee is not liable for an act, error or omission by a principal or an agent of a principal that is not related to the licensee unless the licensee participates in or authorizes the act, error or omission. This subsection does not limit the liability of a principal real estate broker for an act, error or omission by a real estate licensee under the principal broker’s supervision.
(3) Unless acknowledged by a principal in writing, facts known by an agent or subagent of the principal may not be imputed to the principal if the principal does not have actual knowledge.
(4) Unless acknowledged by a real estate licensee in writing, facts known by a principal or an agent of the principal may not be imputed to the licensee if the licensee does not have actual knowledge. This subsection does not limit the knowledge imputed to a principal real estate broker of facts known by a real estate licensee under the supervision of the principal real estate broker. [2001 c.300 §52]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.835 - Buyer and seller responsibilities.

None of the affirmative obligations of a real estate licensee or agent in a real estate transaction under ORS 696.805, 696.810 or 696.815 relieves a seller or a buyer from the responsibility to protect the seller’s or buyer’s own interests respectively. [1993 c.570 §9]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.840 - Compensation and agency relationships.

The payment of compensation or the obligation to pay compensation to a real estate licensee by the seller or the buyer is not necessarily determinative of a particular agency relationship between a real estate licensee and the seller or the buyer. After full disclosure of agency relationships, a listing agent, a selling agent or a real estate licensee or any combination of the three may agree to share any compensation paid, or any right to any compensation for which an obligation arises as the result of a real property transaction, and the terms of the agreement shall not necessarily be determinative of a particular relationship. Nothing in this section shall prevent the parties from selecting a relationship not specifically prohibited by ORS 696.301, 696.392, 696.600 to 696.785, 696.800 to 696.870 and 696.995. [1993 c.570 §10; 2007 c.337 §8]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.845 - Acknowledgment of existing agency relationships form; rules.

When signing an offer to purchase, each buyer shall acknowledge the existing agency relationships, if any. When a seller accepts or rejects an offer to purchase in writing, each seller shall acknowledge the existing agency relationships, if any. An agent to the real property transaction shall obtain the signatures of the buyers and the sellers to the acknowledgment, which shall be incorporated into or attached as an addendum to the offer to purchase or to the acceptance. The Real Estate Agency shall prescribe by rule the form and content of the acknowledgment of existing agency relationships. [1993 c.570 §11; 2001 c.300 §49; 2003 c.398 §13; 2005 c.116 §16]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.855 - Common law application to statutory obligations and remedies.

(1) ORS 696.301, 696.392, 696.600 to 696.785, 696.890 and 696.995 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief.
(2) Common law and statutory remedies are not affected by ORS 696.301, 696.392, 696.600 to 696.785, 696.890 and 696.995. [1993 c.570 §12; 2001 c.300 §49a; 2011 c.158 §2]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.870 - Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870.

(1)(a) A real estate licensee representing a seller of real property has a duty to inform each represented seller of the seller’s duties created by this section and ORS 105.462 to 105.490 and 696.301.
(b) A real estate licensee representing a buyer of real property has a duty to inform each represented buyer of the buyer’s rights under this section and ORS 105.462 to 105.490 and 696.301.
(2) If a real estate licensee performs the duties set forth in subsection (1) of this section, the real estate licensee shall have no further duties under this section.
(3) Notwithstanding subsections (1) and (2) of this section, for the purposes of ORS 696.301, a real estate licensee:
(a) Representing a seller by written agreement or course of conduct is bound by the standards of conduct and duties created under ORS 696.805;
(b) Representing a buyer by written agreement or course of conduct is bound by the standards of conduct and duties created under ORS 696.810; and
(c) Acting as a disclosed limited agent by a written agreement or course of conduct is bound by the standards of conduct and duties created under ORS 696.815. [1993 c.547 §6; 2001 c.300 §50]
Note:
See note under 696.800.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.880 - Licensee not required to disclose proximity of registered sex offender.

Nothing in ORS 163A.005 to 163A.235, 696.301, 696.805, 696.810, 696.815 or 696.855 creates an obligation on the part of a person licensed under this chapter to disclose to a potential purchaser of residential property that a sex offender registered under ORS 163A.010, 163A.015, 163A.020 or 163A.025 resides in the area. [1999 c.732 §2; 2001 c.300 §73; 2011 c.271 §24; 2013 c.708 §28]
Note:
696.880 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.890 - Duties of real estate property managers.

(1) As used in this section:
(a) "Management of rental real estate" has the meaning given that term in ORS 696.010.
(b) "Property management agreement" has the meaning given that term in ORS 696.010.
(c) "Real estate property manager" has the meaning given that term in ORS 696.010.
(2) A real estate property manager who represents a property owner, for compensation, in the management of rental real estate is the property owner’s agent.
(3) A real estate property manager may engage in the management of rental real estate for an owner of rental real estate only pursuant to a property management agreement.
(4) A real estate property manager owes the property owner the following affirmative duties:
(a) To deal honestly and in good faith;
(b) To disclose material facts known by the property manager and not apparent or readily ascertainable to the owner;
(c) To exercise reasonable care and diligence;
(d) To account in a timely manner for all funds received from or on behalf of the owner;
(e) To act in a fiduciary manner in all matters relating to trust funds;
(f) To be loyal to the owner by not taking action that is adverse or detrimental to the owner’s interest;
(g) To disclose in a timely manner to the owner any existing or contemplated conflict of interest;
(h) To advise the owner to seek expert advice on matters that are beyond the property manager’s expertise; and
(i) To maintain as confidential all information from or about the owner, except under subpoena or court order, even after the agency relationship ends.
(5) The affirmative duties listed in subsection (4) of this section may not be waived.
(6) Nothing in this section implies a duty beyond or in addition to those activities that are reasonably within the scope of the management of rental real estate. [2011 c.158 §1; 2013 c.145 §2]
Note:
696.890 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.995 - Civil penalties for violation of ORS 696.603, 696.606 or 696.612.

(1) Any person who violates ORS 696.603, 696.606 or 696.612 may be required by the Real Estate Commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner of:
(a) Not less than $100 nor more than $500 for the first violation of ORS 696.603, 696.606 or 696.612 or a rule adopted pursuant thereto; or
(b) Not less than $500 nor more than $1,000 for the second and subsequent violations of ORS 696.603, 696.606 or 696.612 or a rule adopted pursuant thereto.
(2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates ORS 696.603 may be required by the commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner but not to exceed the amount by which such person profited from the transaction in violation of ORS 696.603.
(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4) The civil penalty provisions of this section are in addition to and not in lieu of other administrative sanctions. [1995 c.217 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.015 - Registration requirement.

A person shall not operate as a collection agency in this state unless the person registers with the Department of Consumer and Business Services under ORS 697.031 and maintains the registration in accordance with that section. [1981 c.85 §3; 1995 c.622 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.039 - Revocation, suspension or refusal to issue or renew registration.

(1) The Director of the Department of Consumer and Business Services may refuse to issue or renew or may revoke or suspend any registration under ORS 697.031 if the director determines that:
(a) Any information a person files with the director under ORS 697.031 is false or untruthful;
(b) A person has violated any of the rules of the director for registration under ORS 697.031;
(c) A person has violated the provisions of ORS 697.045 or 697.058;
(d) A person has failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031;
(e) A person has died or become incapacitated;
(f) A person has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession; or
(g) A person has been convicted of a felony or misdemeanor, an essential element of which is fraud.
(2) A revocation or suspension under this section may be for a time certain or upon condition that certain acts be performed.
(3) If the director issued an initial order of revocation of a registration before the expiration of the registration, the director may enter a final order of revocation even though the registration has expired.
(4) Actions of the director under this section are subject to the provisions of ORS chapter 183. [1981 c.85 §6; 1991 c.627 §2; 1995 c.622 §4; 1999 c.413 §1; 2005 c.338 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.045 - Status of accounts and claims assigned to agency; rights of assignor; appearance in small claims or justice court; registration as condition of access to courts.

(1) A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered collection agency as assignee of the claim or account, in its own name, may:
(a) Collect the claim or account;
(b) Compromise or accept settlement of the claim or account;
(c) Bring and maintain an action to recover the amount owing from the claim or account; and
(d) With prior written approval of the assignor, transfer or forward the claim or account to another collection agency for collection.
(2) Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the assignor may withdraw the claim or account from the agency at any time without condition or charge.
(3) Notwithstanding ORS 9.160 and 9.320, in any action in the small claims department of a circuit court or justice court a registered collection agency may appear as a party without appearance by attorney for the purpose of recovering the amount owing on a claim or account assigned to the agency in writing for collection. The provisions of this subsection apply to any supplementary proceeding in aid of execution after entry of a judgment in the small claims department.
(4) No collection agency is entitled to bring or maintain an action involving the collection of a claim or account on behalf of its customers in any courts of this state without alleging and proving that it is duly registered under ORS 697.015 and 697.031. A registration certificate or a certification of registration by the Director of the Department of Consumer and Business Services for any designated time period shall be received by the court as prima facie evidence of the collection agency’s registration for the time period designated. [1981 c.85 §7; 2003 c.78 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.053 - Registration exclusive regulation; local fees authorized.

The provisions of ORS 697.015 and 697.031 are exclusive and no political subdivision or agency of this state may require of a collection agency any registration, license or fee for any collection agency duly registered under ORS 697.015 and 697.031. Nothing in this section limits the authority of any political subdivision to levy and collect a general and nondiscriminatory license or registration fee upon all businesses in the political subdivision or to levy a tax based upon the business conducted by any registered collection agency within the political subdivision. [1981 c.85 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.063 - Status of business records and bank accounts following revocation of registration; liquidation; expenses and attorney fees.

(1) When the Director of the Department of Consumer and Business Services revokes a registration, the director may take possession of all business records and all bank accounts of the registrant and retain possession of them pending the further proceedings specified in this section. The director shall inventory all the business records and all bank accounts of the registrant. The director shall file one copy of the inventory in the office of the director and one copy in the office of the clerk of the circuit court of the county in which the principal place of business of the registrant is located and shall mail one copy to each shareholder or partner of the registrant at the last-known address of the shareholder or partner. The clerk of the court shall file the inventory as a pending proceeding and give it a case number. The director by rule may delegate the director’s authority under this section relating to the inventory of business records and bank accounts of a registrant.
(2) If any person refuses to permit the director to take possession of business records and bank accounts under subsection (1) of this section, the director may apply to the circuit court of the county in which the principal place of business of the registrant is located for an order appointing a receiver, who may be the director, to take possession.
(3) The business records and bank accounts of the registrant shall be liquidated. If a receiver has not been appointed, the director shall apply for appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership.
(4) The expenses of the receiver and attorney fees, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [1995 c.622 §6; 2003 c.576 §218]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.085 - Rules.

The Director of the Department of Consumer and Business Services may adopt rules for the administration and enforcement of ORS 697.005 to 697.095, 697.105 and 697.115. [1983 c.69 §5; 2005 c.338 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.086 - Rules for collection of child support payments.

(1) The Director of the Department of Consumer and Business Services shall adopt rules that regulate the practices of a collection agency that enters into an agreement with an obligee to collect child support payments as provided in ORS 25.020.
(2) The rules adopted by the director under this section shall be as consistent as practicable with the provisions of 15 U.S.C. 1692c to 1692f. [2003 c.421 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.087 - Injunction; damages; attorney fees; limitation on actions.

(1) Any person injured as a result of the violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may award punitive damages and the court may provide such equitable relief as it deems necessary or proper.
(2) Notwithstanding any other actions provided by law, the Attorney General of the State of Oregon or the prosecuting attorney of any county may bring an action in the name of the state against any person to restrain and prevent violation of any provision of ORS 697.005 to 697.095.
(3) In any action brought by a person under this section, the court may award, in addition to the relief provided, reasonable attorney fees at trial and on appeal and costs. If the defendant prevails, the court may award reasonable attorney fees at trial and on appeal and costs if it finds the action to be frivolous.
(4) Actions brought under this section shall be commenced within one year from the date the violation occurs. [1995 c.622 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.091 - Fees or compensation received in violation of law; disposition.

(1) A person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 shall not charge or receive any fee or compensation on any moneys received or collected while in violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085.
(2) A person shall not charge or receive any fee or compensation on any moneys received or collected while operating in accordance with any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 but that is received or collected as a result of the person’s acts as a collection agency or out-of-state collection agency operating in violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085.
(3) All moneys collected or received in violation of this section shall be immediately returned to the assignors, or their assigns, of the account on which the moneys were paid. [1995 c.622 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.093 - Enforcement.

(1) The Director of the Department of Consumer and Business Services may:
(a) Undertake the investigations, including investigations outside this state, that the director considers necessary to determine whether a person has:
(A) Violated, is violating or is about to violate:
(i) ORS 697.015, 697.031, 697.045, 697.058, 697.091, 697.105 or 697.115;
(ii) A rule adopted under ORS 697.031, 697.085 or 697.086; or
(iii) An order issued under this section;
(B) Filed information under ORS 697.031 that is false or untruthful; or
(C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031.
(b) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated.
(c) 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.
(d) If the director has reason to believe that a person has:
(A) Violated, is violating or is about to violate ORS 697.015, 697.031, 697.045, 697.058, 697.091, 697.105 or 697.115 or a rule adopted under ORS 697.031, 697.085 or 697.086, issue an order to cease and desist from the violation.
(B) Filed information under ORS 697.031 that is false or untruthful, issue an order to correct the filing.
(C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031, issue an order to remedy the failure.
(2) 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 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.094 - Orders issued under ORS 697.093.

(1) The Director of the Department of Consumer and Business Services shall serve an order under ORS 697.093 on the person named in the order.
(2) An order issued under ORS 697.093 becomes effective upon service on the person named in the order.
(3) ORS 183.413 to 183.470 apply to an order issued under ORS 697.093.
(4) Notwithstanding subsection (3) of this section, 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.
(5) A person who does not request a contested case hearing may not obtain judicial review of the order.
(6) The director may vacate or modify an order issued under ORS 697.093. A modified order is effective upon service on the person named in the order. [2005 c.338 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.095 - Civil penalties.

(1) In addition to any other penalty provided by law, a person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031, 697.085 or 697.086 is subject to forfeiture and payment of a civil penalty to the Department of Consumer and Business Services in an amount of not more than $1,000 for each offense.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) All penalties recovered shall be deposited in the Consumer and Business Services Fund created by ORS 705.145. [1983 c.69 §4; 1987 c.373 §44; 1991 c.734 §87; 2005 c.338 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.105 - Fee for collection of debt owed public body; notice to debtor; amount.

(1) Except as provided in ORS 1.202 and 293.231, if a public body, as defined in ORS 174.109, uses a private collection agency to collect a debt owed to the public body, the public body may add a reasonable fee to the amount of the debt, payable by the debtor, to compensate the public body, in whole or in part, for the collection agency fee incurred or to be incurred.
(2) A fee may not be added under subsection (1) of this section unless the public body has provided notice to the debtor:
(a) Of the existence of the debt;
(b) That the debt may be assigned to a private collection agency for collection; and
(c) Of the amount of the fee that may be added to the debt under subsection (1) of this section.
(3) Except as provided by federal law, the public body may not add a fee under this section that exceeds the collection fee of the private collection agency. [2003 c.66 §1; 2007 c.204 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.107 - Prohibition on use of public agency or public official seal or letterhead.

(1) A public agency or public official may not:
(a) Allow a person or entity in the practice of collecting debt, including restitution, to use the seal or letterhead of the public agency or public official; or
(b) Receive or collect a fee from a person or entity in the practice of collecting debt, including restitution, in exchange for the person or entity using the seal or letterhead of the public agency or public official.
(2) As used in this section, "public agency" and "public official" have the meanings given those terms in ORS 171.725. [2013 c.551 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.115 - Fee for collection of commercial debt; amount; limit.

(1) As used in this section, "commercial debt" means any obligation for payment of money or thing of value arising out of an agreement or contract, express or implied, in which the transaction that is the subject of the agreement or contract is not primarily for personal, family or household purposes.
(2) A person using a private collection agency to collect a commercial debt owed to the person may add a reasonable fee to the amount of the commercial debt, payable by the debtor, to compensate the person, in whole or in part, for the collection agency fee incurred or to be incurred. A person may not add a fee under this section that:
(a) Exceeds the collection fee of the private collection agency; or
(b) Was not authorized in the agreement or contract creating the commercial debt. [2003 c.66 §2; 2007 c.204 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.500 - Definitions for ORS 697.500 to 697.555.

As used in ORS 697.500 to 697.555:
(1)(a) "Check-cashing business" means a person that conducts a business that for a fee, service charge or other consideration provides money, credit or any other thing of value in exchange for payment instruments.
(b) "Check-cashing business" does not include a financial institution as defined in ORS 706.008 or an employee of a licensee.
(2) "Licensee" means a person licensed as a check-cashing business under ORS 697.514.
(3) "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.
(4) "Payment instrument" means:
(a) A check, warrant or draft issued by the federal government, a state government, a county or municipal government, or a federal or state agency;
(b) A payroll check; or
(c) A personal check, money order or any other check. [2007 c.358 §1; 2015 c.118 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.502 - Exemptions from licensing and record-keeping requirements.

(1) ORS 697.510, 697.512, 697.514 and 697.540 do not apply to a person licensed under ORS 717.200 to 717.320.
(2) ORS 697.510, 697.512, 697.514, 697.528 and 697.540 do not apply to a person engaged in the bona fide retail sale of goods or services and not purporting to be a check-cashing business that, as an incident of or independent of a retail sale or service, from time to time cashes payment instruments for a fee, service charge or other consideration but does not charge more than $2 or two percent of the face value of the payment instrument, whichever is greater. [2007 c.358 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers › Section 697.504 - Licensing requirement.

Except as provided in ORS 697.502, a person may not conduct, purport to conduct or advertise that the person conducts a check-cashing business without first obtaining a license under ORS 697.514. [2007 c.358 §3]