To view full legal text, see below or visit OR. Rev. Stat. 697.652 for the most updated version. 

 697.005 Definitions for ORS 697.005 to 697.095. As used in ORS 697.005 to 697.095:

      (1)(a) “Collection agency” means:

      (A) A person that engages directly or indirectly in soliciting a claim for collection, or collecting or attempting to collect a claim that is owed, due or asserted to be owed or due to another person or to a public body at the time the person solicits, collects or attempts to collect the claim;

      (B) A person that directly or indirectly furnishes, attempts to furnish, sells or offers to sell forms represented to be a collection system even if the forms direct the debtor to pay the creditor and even if the creditor may or does use the forms in the creditor’s own name;

      (C) A person that, in attempting to collect or in collecting the person’s own claim, uses a fictitious name or any name other than the person’s own name that indicates to the debtor that a third person is collecting or attempting to collect the claim;

      (D) A person that engages in the business of soliciting the right to repossess or in repossessing collateral security due or asserted to be due to another person; or

      (E) A person that, in collecting claims from another person:

      (i) Uses any name other than the name regularly used in conducting the business out of which the claim arose; and

      (ii) Engages in any action or conduct that tends to convey the impression that a third party has been employed or engaged to collect the claim.

      (b) “Collection agency” does not include:

      (A) An individual who engages in soliciting claims for collection, or who collects or attempts to collect claims on behalf of a registrant under ORS 697.005 to 697.095, if the individual is an employee of the registrant.

      (B) An individual who collects or attempts to collect claims for not more than three employers, if the individual carries on all collection efforts in the name of the employer and the individual is an employee of the employer.

      (C) A person that prepares or mails monthly or periodic statements of accounts due on behalf of another person if all payments are made to the other person and the person that prepares the statements of accounts does not make other collection efforts.

      (D) An attorney-at-law rendering services in the performance of the duties of an attorney-at-law.

      (E) A licensed certified public accountant or public accountant who performs the duties of a licensed certified public accountant or public accountant.

      (F) A bank, mutual savings bank, consumer finance company, trust company, savings and loan association, credit union or debt consolidation agency.

      (G) A principal real estate broker that is licensed under ORS 696.020, with respect to any collection or billing activity that involves a real estate closing escrow, as defined in ORS 696.505.

      (H) An escrow agent that is licensed under ORS 696.511, with respect to the escrow agent’s:

      (i) Collection or billing activities that are related to closing an escrow, as defined in ORS 696.505, or related to a collection escrow, as defined in ORS 696.505; or

      (ii) Service as a trustee of a trust deed in accordance with ORS 86.713.

      (I) An individual who is regularly employed as a credit person or in a similar capacity by one person, firm or corporation that is not a collection agency.

      (J) A public officer or a person that acts under order of a court.

      (K) A person that acts as a property manager in collecting or billing for rent, fees, deposits or other sums due landlords of managed units.

      (L) A person that provides billing services. A person provides billing services for the purposes of this subparagraph if the person engages, directly or indirectly, in the business or pursuit of collecting claims for another person, whether in the other person’s name or any other name, by any means that:

      (i) Uses an accounting procedure, preparation of mail billing or any other means intended to accelerate cash flow to the other person’s bank account or to any separate trust account; and

      (ii) Does not include any personal contact or contact by telephone with the person from whom the claim is sought to be collected.

      (M) A person that provides factoring services. A person provides factoring services for the purposes of this subparagraph if the person engages, directly or indirectly, in the business or pursuit of:

      (i) Lending or advancing money to commercial clients on the security of merchandise or accounts receivable and then enforcing collection actions or procedures for the loans or advances; or

      (ii) Soliciting or collecting on accounts that have been purchased from commercial clients under an agreement whether or not the agreement:

      (I) Allows recourse against the commercial client;

      (II) Requires the commercial client to provide any form of guarantee of payment of the purchased account; or

      (III) Requires the commercial client to establish or maintain a reserve account in any form.

      (N) An individual employed by another person that operates as a collection agency unless the individual operates as an independent collection agency while a collection agency employs the individual.

      (O) A mortgage banker as defined in ORS 86A.100.

      (P) A public utility, as defined in ORS 757.005, a telecommunications utility, as defined in ORS 759.005, a people’s utility district, as defined in ORS 261.010, and a cooperative corporation that engages in furnishing electric or communication service to consumers.

      (Q) A public body or an individual that collects or attempts to collect claims owed, due or asserted to be owed or due to a public body, if the individual is an employee of the public body.

      (R) A person that receives an assignment of debt in any form without an obligation to pay the assignor any of the proceeds resulting from a collection of all or a portion of the debt.

      (S) A person for whom the Director of the Department of Consumer and Business Services determines by order or by rule that the protection of the public health, safety and welfare does not require registration with the Department of Consumer and Business Services as a collection agency.

      (2) “Collection system” means a scheme intended or calculated to be used to collect claims sent, prepared or delivered by:

      (a) A person that in collecting or attempting to collect the person’s own claim uses a fictitious name or any name other than the person’s own name that indicates to the debtor that a third person is collecting or attempting to collect the claim; or

      (b) A person that engages directly or indirectly in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person.

      (3) “Claim” means an obligation to pay money or value if the obligation arises out of an agreement or contract, express or implied.

      (4) “Client” or “customer” means a person that authorizes or employs a collection agency to collect a claim.

      (5) “Debtor” means a person that owes or is alleged to owe a claim.

      (6) “Nationwide Multistate Licensing System” means a system that the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, or assignees 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, as defined in ORS 86A.200, and other persons that provide nondepository financial services.

      (7)(a) “Out-of-state collection agency” means a collection agency located outside of this state the activities of which, within this state, are limited to collecting a debt that a debtor located in this state incurs outside this state.

      (b) As used in this subsection, “collecting a debt” means collecting a debt on behalf of clients located outside this state by means of interstate communications, including telephone, mail or facsimile transmission from the collection agency’s location in another state.

      (8) “Person” means an individual, firm, partnership, trust, joint venture, association, limited liability company or corporation.

      (9) “Public body” has the meaning given that term in ORS 174.109.

      (10) “Registrant” means a person that is registered under ORS 697.005 to 697.095 or that is registered or licensed as a collection agency under the laws of another state.

      (11) “Statement of account” means a report setting forth amounts billed, invoices, credits allowed or aged balance due. [1981 c.85 §2; 1987 c.373 §43; 1993 c.744 §20; 1995 c.622 §1; 1999 c.468 §1; 2001 c.917 §5; 2009 c.134 §1; 2013 c.444 §1; 2019 c.106 §1]

      697.010 [Amended by 1959 c.525 §1; 1963 c.580 §58; 1975 c.364 §1; 1977 c.185 §4; repealed by 1981 c.85 §17]

      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]

      697.020 [Amended by 1953 c.519 §2; 1959 c.525 §2; 1963 c.558 §1; 1969 c.373 §5; 1973 c.547 §1; 1975 c.364 §2; repealed by 1977 c.185 §5 (697.021 enacted in lieu of 697.020)]

      697.021 [1977 c.185 §6 (enacted in lieu of 697.020); repealed by 1981 c.85 §17]

      697.025 [1977 c.185 §3; 1981 c.85 §4; 1991 c.86 §1; 1993 c.205 §1; 1993 c.508 §42; repealed by 1995 c.622 §15]

      697.030 [Amended by 1959 c.525 §3; 1975 c.364 §3; 1977 c.185 §7; repealed by 1981 c.85 §17]

      697.031 Registration procedure; bond or letter of credit; fees; procedures for out-of-state collection agencies; rules. (1)(a) The Director of the Department of Consumer and Business Services shall establish by rule a program for registering persons that operate as collection agencies that must register with the Department of Consumer and Business Services under ORS 697.015. The department shall require applicants for registration to file and registrants to maintain with the department current information the department requires by rule.

      (b) The director, consistent with the requirements of ORS 697.005 to 697.095, may issue and renew registrations under this section by means of an agreement with the Nationwide Multistate Licensing System and may, by rule, conform the practices, procedures and information that the department uses to issue or renew a registration to the requirements of the Nationwide Multistate Licensing System.

      (c) The department may require any information necessary to carry out a program under this subsection, including but not limited to:

      (A) The name and address of the applicant or registrant.

      (B) Any assumed names or business names the applicant or registrant uses.

      (C) Names of persons who perform the solicitation or collection of claims or who perform the solicitation of the right to repossess or the repossession of collateral security for the applicant or registrant.

      (D) Names of persons who are agents of the applicant or registrant for purposes of service of legal process.

      (E) Fingerprints for any of the applicant’s executive officers, and officers and managers with supervisory responsibility over the applicant’s activities, with which the director may conduct a criminal records check that the director may process through the Nationwide Multistate Licensing System.

      (2)(a) The director shall require any person who applies for registration as a collection agency, other than an out-of-state collection agency, to file with the director a bond or an irrevocable letter of credit in the sum of $10,000 executed by the applicant as obligor, together with one or more corporate sureties or financial institutions authorized to do business in this state. The bond or an irrevocable letter of credit must be executed to the State of Oregon and for the use of the state and of any person who may have a cause of action against the obligor of the bond or an irrevocable letter of credit under ORS 697.005 to 697.095. The bond or irrevocable letter of credit must be conditioned to require the applicant to faithfully conform to and abide by the provisions of ORS 697.005 to 697.095 and all rules the director adopts under ORS 697.005 to 697.095, and will pay to the state and to any such person any and all moneys that may become due or owing to the state or to such person from the obligor under and by virtue of the provisions of ORS 697.005 to 697.095.

      (b) A person that obtains a judgment against a registrant for violating ORS 697.005 to 697.095 or a rule that the director adopts under ORS 697.005 to 697.095, or for other misconduct, may bring in a circuit court of this state an action against the bond or irrevocable letter of credit described in this subsection for any amount the person does not obtain by executing the judgment against the registrant.

      (c) The bond or an irrevocable letter of credit required by this subsection must be continuously maintained in the amount required by this subsection. The aggregate liability of the surety under the bond for claims against the bond may not exceed the penal sum of the bond no matter how many years the bond is in force. An extension by continuation certificate, reinstatement, reissue or renewal of the bond does not increase the liability of the surety.

      (3) The director may, in the program for registration established under this section:

      (a) Require any filings with the department that the director determines are necessary to maintain current the information required for registration. Filings required under this subsection may include renewal of registration at reasonable intervals, filings within a reasonable time after changes in a collection agency or other filings the director determines are necessary. In requiring filings under this subsection, the director shall attempt to minimize burdens the filings might place on persons required to file.

      (b) Except as provided in subsection (4) of this section, establish and require persons filing with the department under this section to pay fees for any registration or filing made with the department. The director may not establish fees for more than an amount necessary to cover the administrative costs of the filing or registration.

      (c) Establish the program in any division of the department the director determines is best able to administer the program.

      (d) Issue, but not require, certificates of registration or other indicia of registration that the director determines will assist a registrant to establish that the registrant is registered with the department.

      (4) An out-of-state collection agency is exempt from the registration fee under this section if the out-of-state collection agency is registered in another state and the other state does not require payment of an initial fee by a person who collects debts in the other state only by means of interstate communications from the person’s location in another state.

      (5) The director shall charge an out-of-state collection agency a fee to register in this state that is not less than the fee the other state would charge a collection agency that collects debts solely by means of interstate communications from a location outside the other state, unless the out-of-state collection agency is exempt from paying a registration fee under this section.

      (6) If another state exempts a collection agency that is located and registered in this state from a requirement to register in the other state, the director shall exempt a collection agency that is located and, if necessary, registered in the other state from the requirement to register in this state under ORS 697.005 to 697.095.

      (7) The department shall maintain current records of the information required for registration under this section. [1981 c.85 §5; 1983 c.69 §1; 1991 c.627 §1; 1995 c.622 §3; 1997 c.249 §211; 2019 c.106 §2]

      697.035 [1959 c.525 §10; 1963 c.558 §2; 1971 c.119 §2; 1974 c.25 §2; 1975 c.364 §4; 1977 c.873 §20; repealed by 1981 c.85 §17]

      697.038 [1971 c.119 §1; 1973 c.547 §2; 1974 c.25 §3; 1975 c.364 §5; repealed by 1981 c.85 §17]

      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]

      697.040 [Repealed by 1959 c.525 §36]

      697.041 [1959 c.525 §11; 1963 c.558 §3; 1969 c.373 §6; 1973 c.547 §3; 1973 c.827 §79; 1974 c.36 §22; 1975 c.364 §6; repealed by 1981 c.85 §17]

      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]

      697.050 [Repealed by 1959 c.525 §36]

      697.051 [1963 c.558 §17; 1977 c.185 §8; repealed by 1981 c.85 §17]

      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]

      697.055 [1975 c.364 §37; 1977 c.185 §9; repealed by 1981 c.85 §17]

      697.058 Agency records; business office; trust accounts; reporting requirements; audit of trust accounts; cost of audit; exemptions. (1) Except as provided in subsection (9) of this section, every collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all such records and all customers’ funds within this state. Collection agencies shall maintain accounting records of collections for and payments to customers for a period of six years from the date of the last entry thereon. Collection agencies shall keep other records for a period of two years from the date of the last entry thereon. Collection agencies, or any employee thereof, shall not intentionally make any false entry in any collection agency record or intentionally mutilate, destroy or otherwise dispose of any such record within the time limits provided in this section. This subsection does not apply to out-of-state collection agencies.

      (2) Except as provided in subsection (9) of this section, every collection agency shall establish and maintain a regular, active business office in this state for the purpose of conducting business in this state. The office shall be open to the public during reasonable, stated business hours. This subsection does not apply to out-of-state collection agencies.

      (3) A collection agency shall not commingle the money of customers with other moneys.

      (4) Except as provided in subsection (9) of this section, a collection agency shall maintain a separate trust account in this state for customers’ funds and shall keep funds in such trust account until disbursed to the customer. This subsection does not apply to out-of-state collection agencies.

      (5) Except as provided in subsection (9) of this section, every collection agency that requires customers to pay an amount for services prior to the time that the services are rendered shall maintain a separate trust account in this state for prepayments and shall keep prepayment funds in the trust account for 180 days or until the services for which prepayment is made are performed, whichever occurs first.

      (6) Every collection agency, within 30 days after the close of each calendar or fiscal month, shall report and pay to its customers the net proceeds due and payable of all collections made during that calendar or fiscal month. When the net proceeds are less than $5 at the end of any calendar or fiscal month, payments may be deferred for a period not to exceed three months.

      (7) Upon the motion of the Director of the Department of Consumer and Business Services or upon receipt of a complaint by a customer of the collection agency, the director may audit the collection agency’s trust accounts with respect to any violation by the collection agency of this section. If the director finds any discrepancy in the trust accounts, the director also may audit the operating account of the collection agency. The collection agency shall pay the reasonable cost of an audit under this section, as determined by the director.

      (8) If a collection agency does not pay the cost of the audit determined under subsection (7) of this section, the director may assign the delinquent account to the Department of Revenue for collection in the manner that other debts are collected under ORS 293.250.

      (9) The director, by rule or order, may exempt a collection agency from the requirements of subsection (1), (2), (4) or (5) of this section if the collection agency:

      (a) Satisfies the director that the books, records and trust accounts of the collection agency may be examined by the director without undue delay or expense;

      (b) Provides for timely and convenient remittance of debtor payments and funds owed to the customer; and

      (c) Complies with all conditions the director may require relating to additional bonding requirements and to provisions for auditing financial statements of trust accounts, receiving payments from and communicating with debtors, and remitting funds to customers. [1981 c.85 §9; 1983 c.69 §2; 1995 c.622 §9; 1999 c.413 §2; 1999 c.468 §2]

      697.060 [Repealed by 1959 c.525 §36]

      697.061 [1959 c.525 §5; 1963 c.558 §4; 1963 c.580 §59; 1973 c.547 §4; 1975 c.364 §7; repealed by 1981 c.85 §17]

      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]

      697.070 [Amended by 1959 c.525 §6; 1961 c.686 §1; 1969 c.373 §7; 1971 c.119 §3; 1973 c.547 §5; 1974 c.25 §4; 1975 c.364 §8; 1977 c.873 §21; repealed by 1981 c.85 §17]

      697.075 [1981 c.85 §16; 1991 c.249 §63; repealed by 1995 c.622 §15]

      697.080 [Amended by 1959 c.525 §7; 1963 c.558 §5; 1969 c.373 §8; 1975 c.364 §9; repealed by 1981 c.85 §17]

      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]

      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]

      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]

      697.090 [Repealed by 1959 c.525 §36]

      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]

      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]

      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]

      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]