§ 128.675 — Violations of ORS 128.610 to 128.769; action by Attorney General for violation; fees; penalties

Oregon § 128.675

• Jurisdiction: Oregon
• Vol.: 3
• Title 13: Protective Proceedings; Powers of Attorney; Trusts
• Ch. 128: Trusts; Charitable Activities

Text

(1) The following acts and practices are violations of ORS 128.610 to 128.769:
(a) Operating in violation of, or failing to comply with, any requirement of ORS 128.610 to 128.769 or any rules promulgated under ORS 128.610 to 128.769, including but not limited to:
(A) Failing to file the registration statement required under ORS 128.660.
(B) Failing to file an annual report required under ORS 128.670.
(C) Failing to pay any fee required under ORS 128.670.
(b) Willfully making a false or misleading statement in a registration statement, annual report or other document required to be filed under ORS 128.610 to 128.769.
(c) Willfully failing to provide to the Attorney General, in a timely manner, upon request, documents, instruments, reports, records or other information necessary for the Attorney General to:
(A) Substantiate representations, statements or information contained in a registration statement, annual report or other document filed pursuant to ORS 128.610 to 128.769;
(B) Establish and maintain the register required under ORS 128.650; or
(C) Establish that a charitable organization has properly applied charitable funds received by the organization.
(d) Failing to appear or otherwise comply with an order issued under ORS 128.690.
(2) In addition to any other actions allowed by law, including but not limited to the actions described in ORS 128.670 (8), and in compliance with the procedures set forth in ORS chapter 183, upon determining that a charitable organization has committed a violation specified in subsection (1) of this section, the Attorney General may, as appropriate, do one or more of the following:
(a) Deny, revoke, place conditions on or suspend the registration of the charitable organization after giving the organization written notice of the basis for the denial, revocation or suspension. If the organization does not correct or otherwise ameliorate the violation or request an administrative hearing within 90 days of receipt of the notice, the Attorney General shall take the action described in the written notice;
(b) Impose a civil penalty of not more than $2,000 on the charitable organization or upon a charitable fiduciary responsible for the violation;
(c) Order the charitable organization to cease soliciting or accepting contributions, charitable donations or other payments for charitable purposes until the charitable organization has corrected the act or practice that violated ORS 128.610 to 128.769; or
(d) Order the charitable organization or responsible charitable fiduciary to submit or file additional information or documentation.
(3) All fees and penalties received by the Department of Justice under this section shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under ORS 180.180. Amounts deposited pursuant to this subsection are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering ORS 128.610 to 128.769 and 128.801 to 128.898 and for no other purpose.

Legislative History

2014 c.8 §7