Oregon Statutes - Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Consolidating Agencies - Section 697.732 - Audits; investigations; access; public disclosure requirements and exemptions.

(1) To enforce ORS 697.612 and 697.642 to 697.702, the Director of the Department of Consumer and Business Services may:

(a) Upon the director’s own motion or upon receipt of a complaint by a client of a debt consolidating agency or of a person acting as a debt consolidating agency without registration, audit the trust accounts of the agency or person for the purpose of investigating any violation of ORS 697.642 to 697.702. The debt consolidating agency or person acting as a debt consolidating agency without registration shall pay the reasonable cost of the audit, as determined by the director.

(b) Undertake investigations, including investigations outside of this state, that the director considers necessary to:

(A) Determine whether a person has violated, is violating or is about to violate ORS 697.612 or 697.642 to 697.702 or any rule of the director adopted under ORS 697.632; or

(B) Aid in the enforcement of ORS 697.612 and 697.642 to 697.702 and in the formulation of rules and forms under ORS 697.632.

(c) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated.

(2) All debt consolidating agencies and persons acting as debt consolidating agencies without registration shall provide the director with free access during all reasonable hours to offices and places of business, books, accounts, records, papers, files, safes and vaults for the purpose of investigating violations of ORS 697.612 or 697.642 to 697.702.

(3) The director shall maintain for public inspection records of any civil penalty imposed under ORS 697.832, any suspension, revocation or refusal to renew the registration of a debt consolidating agency and any collection on the bond or deposit of a debt consolidating agency. The record of each action shall show:

(a) The order of the director or the court relating to the action.

(b) The debt consolidating agency against whom the action was taken.

(c) The grounds for the action.

(4) Except as provided in subsection (3) of this section, records, reports and other information received or compiled by the director as a result of investigations under this section are exempt from the public disclosure required by ORS 192.420. [1983 c.17 §15; 2005 c.338 §17]

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Last modified: August 7, 2008