Oregon Statutes - Chapter 705 - Department of Consumer and Business Services - Section 705.640 - Enforcement authority regarding conduct of banking business or savings and loan business; court order; cease and desist order; civil penalty.

(1) Whenever the Director of the Department of Consumer and Business Services has reason to believe that a person is violating any provision of ORS 705.638, 707.005, 707.010 or 722.012, the director:

(a) Shall have access to the premises where that person is suspected of transacting banking business in violation of ORS 705.638, 707.005, 707.010 or 722.012 or where that person may have books, accounts and records; and

(b) Shall have the power to examine, copy or take possession of the books, accounts and records of that person in order to ascertain whether or not that person has violated or is violating any provision of ORS 705.638, 707.005, 707.010 or 722.012.

(2) If a person refuses to grant access to the premises or refuses to comply with the provisions of subsection (1) of this section, the director may apply for an order from a court having jurisdiction over the matter requiring compliance with the provisions of subsection (1) of this section.

(3) When the director believes, from evidence satisfactory to the director, that any person is violating the provisions of ORS 705.638, 707.005, 707.010 or 722.012, the director may:

(a) Issue an order finding the person in violation, directing the person to cease and desist from the violation and assessing a penalty equal to the costs of investigation plus $1,000, but not exceeding $5,000; and

(b) Publish notice of any order issued by the director pursuant to paragraph (a) of this subsection.

(4) An order under this section remains in effect until it is withdrawn by the director or by a court of competent jurisdiction. [2001 c.315 §46]

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Last modified: August 7, 2008