§ 726.440 — Enforcement orders

Oregon § 726.440

• Jurisdiction: Oregon
• Vol.: 18
• Title 54: Credit Unions, Lending Institutions and Pawnbrokers
• Ch. 726: Pawnbrokers

Text

(1) The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person has:
(a) Violated, is violating or is about to violate ORS 726.040, 726.100, 726.110, 726.130, 726.270, 726.280, 726.285, 726.290, 726.300, 726.390, 726.400 or 726.410, a rule adopted under ORS 726.260 or an order issued under this chapter, issue an order to cease and desist from the violation.
(b) Failed to file the annual report required by ORS 726.130, issue an order to file the report.
(c) Filed information under ORS 726.060, 726.110, 726.130 or 726.250 that is false or untruthful, issue an order to correct the filing.
(d) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 726.070, 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.

Legislative History

2005 c.338 §27