§ 646A.661 — Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public

Oregon § 646A.661

• Jurisdiction: Oregon
• Vol.: 16
• Title 50: Trade Regulations and Practices
• Ch. 646A: Trade Regulation

Text

(1) The Director of the Department of Consumer and Business Services has general supervisory authority and control over:
(a) Any person that engages in debt buying in this state; and
(b) Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to engage in debt buying in this state.
(2)(a) The authority described in subsection (1) of this section includes the authority to examine a licensee or another person described in subsection (1) of this section at any time.
(b) The director may charge and collect from a licensee or a person the director examines under this section the costs the director incurs in conducting the examination.
(3) Books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, disclosures, documents and other information, material or evidence the director obtains in an examination under this section that concerns a debtor’s personal debt history or identifying information is confidential and subject to the provisions of ORS 705.137.
(4) The director may investigate, in this state or another state, or initiate an administrative proceeding concerning the business activities of a licensee or person that engages in debt buying to determine whether the licensee or person has violated, is violating or is about to violate ORS 646.639 (4) or ORS 646A.640 to 646A.673 and 646A.670 or a rule the director adopted or an order the director issued under ORS 646.639 (4) or ORS 646A.640 to 646A.673 and 646A.670. In the course of the investigation, the director may:
(a) Require the licensee or person to submit a statement concerning the subject of the investigation to the director in writing, under oath or otherwise;
(b) Compel witnesses to attend an investigation or proceeding, take evidence and require the licensee or person to produce books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, documents and other information, material or evidence the director deems relevant or material to the investigation or proceeding; and
(c) Interview and preserve testimony from a licensee’s or person’s directors, members, officers, managers, partners, controllers, employees, agents and customers, and any independent contractors associated with the licensee or person, concerning the licensee’s or person’s business practices and operations.
(5)(a) If the director has reasonable cause to believe, or determines after an investigation under subsection (4) of this section or after receiving a complaint from a debtor or another person, that a licensee or person that engages in debt buying may have violated ORS 646.639, the director shall notify the Attorney General and may refer all of the information the director gathered to the Department of Justice.
(b) If the Attorney General or the Department of Justice do not respond within 45 days after the date of a notice under paragraph (a) of this subsection or decline to undertake an enforcement action, the director may enforce the provisions of ORS 646.639.
(c) The Attorney General shall inform the director if the Department of Justice elects to enforce ORS 646.639.
(d) This subsection does not preclude:
(A) The Attorney General from representing the director in any action to enforce ORS 646.639; or
(B) The Attorney General and the director from sharing information, coordinating efforts or otherwise cooperating or collaborating in actions to enforce ORS 646.639.
(6) The director may charge and collect from a licensee or a person the director investigates under this section reasonable costs the director incurs in conducting the investigation, initiating or conducting a proceeding or otherwise enforcing the provisions of ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670.
(7)(a) The director may consult and cooperate with a national nonprofit trade association that certifies debt buyers according to an industry-recognized standard for properly managing purchased debt. The director may consult and cooperate with the trade association in areas of mutual interest including, but not limited to, determining industry standards and recognizing violations with which the trade association is familiar.
(b) In addition to consulting and cooperating with a trade association as provided in paragraph (a) of this subsection, the director may consult and cooperate with members of the public.

Legislative History

2017 c.625 §10