Oregon Statutes - Chapter 726 - Pawnbrokers

  • 726.010   Definitions.
    As used in this chapter, unless the context requires otherwise: (1) “Director” means the Director of the Department of Consumer and Business Services. (2) “Pawnbroker”...
  • 726.020   Short title; application of chapter.
    This chapter shall be known as the Pawnbrokers Act. It is applicable to any person who qualifies under its provisions, and to such other person...
  • 726.030   Construction of chapter.
    Nothing in this chapter shall be construed or held to limit the rights, powers or privileges granted to any person by any law of this...
  • 726.040   Pawnbroker license required.
    No person shall engage or continue in the business of a pawnbroker, or use any assumed business name or advertising that in any way would...
  • 726.050   Requirements for issuance of license.
    The Director of the Department of Consumer and Business Services may not issue a license to a corporation, limited liability company or limited liability partnership...
  • 726.060   Application for license; contents; fee.
    (1) An application for the license shall be in writing in a form prescribed by the Director of the Department of Consumer and Business Services....
  • 726.070   Applicant to furnish bond or letter of credit; actions on bond or letter of credit.
    (1) A bond in the sum of $25,000 executed by the applicant as obligor, together with a surety company authorized to do business in this...
  • 726.075   Grounds for denial of license.
    The Director of the Department of Consumer and Business Services may not grant a license to engage in the business of pawnbroker to any person...
  • 726.080   Issuance and denial of license.
    (1) Conditioned upon the applicant’s compliance with this chapter, the payment of the license fee and the filing of a bond or letter of credit...
  • 726.090   Form of license; posting; transferability.
    The licenses shall be in a form prescribed by the Director of the Department of Consumer and Business Services and shall state the address at...
  • 726.100   Additional licenses to same applicant.
    No pawnbroker shall transact any business within the scope of this chapter except under the name at the place of business named in the license....
  • 726.110   Change of place of business; fee.
    Whenever a pawnbroker changes the place of business to another location within the same city or town, the pawnbroker shall at once give written notice...
  • 726.120   [Amended by 1971 c.218 §6; repealed by 1985 c.762 §196]
  • 726.125   License fees; fees for extra service.
    (1) Each pawnbroker shall pay to the Director of the Department of Consumer and Business Services each year the license fee determined by the director...
  • 726.130   Annual report of licensee.
    Every pawnbroker, on or before January 15, shall submit to the Director of the Department of Consumer and Business Services an annual report in a...
  • 726.140   [Repealed by 1971 c.743 §432]
  • 726.150   Revocation and suspension of license.
    (1) The Director of the Department of Consumer and Business Services may revoke any license under this chapter if the director finds that: (a) The...
  • 726.155   Procedure for license denial, revocation or suspension.
    (1) Where the Director of the Department of Consumer and Business Services proposes to refuse to issue a license, or proposes to revoke or suspend...
  • 726.160   [Repealed by 1971 c.734 §21]
  • 726.170   Reinstatement and reissue of license; fee.
    The Director of the Department of Consumer and Business Services may reinstate any suspended license or issue a new license to a pawnbroker whose license...
  • 726.180   Expiration of license; effect of revocation, suspension or surrender of license.
    Every license issued under this chapter shall remain in force until it has been surrendered, revoked or suspended in accordance with the provisions of this...
  • 726.190   Surrender of license.
    Any pawnbroker may surrender any license by delivering to the Director of the Department of Consumer and Business Services written notice that the pawnbroker thereby...
  • 726.250   Investigations and examinations; cost.
    (1)(a) For the purpose of discovering violations of this chapter or securing information required by the Director of the Department of Consumer and Business Services...
  • 726.255   Investigation of pawnbrokers; oaths; witnesses; subpoenas; depositions.
    (1) For the purpose of an investigation or proceeding under the Pawnbrokers Act, the Director of the Department of Consumer and Business Services may administer...
  • 726.260   Rules and rulings.
    (1) The Director of the Department of Consumer and Business Services shall administer and enforce this chapter. (2) In accordance with ORS chapter 183, the...
  • 726.270   Prohibited transactions.
    No pawnbroker shall: (1) Transact any business between the hours of 9 p.m. and 7 a.m. except that on Saturday the pawnbroker may transact business...
  • 726.280   Register and records of licensee.
    (1) Every pawnbroker shall keep a register in which shall be recorded in ink or in electronic form: (a) The date of the transaction. (b)...
  • 726.285   Records of transactions by pawnbroker; delivery of copies to local police agency.
    (1) In addition to the register required under ORS 726.280, a pawnbroker shall record, for each transaction, the date, the name and address of the...
  • 726.290   Signing of card, stub or record by pledgor.
    The pawnbroker shall at the time of making a loan require the pledgor or agent of the pledgor to write the signature and address of...
  • 726.300   Contents of pawn ticket; effect.
    (1) The pawnbroker shall at the time of making a pledge loan deliver to the pledgor or the agent of the pledgor a memorandum or...
  • 726.310   Holder presumed entitled to redeem.
    Except as otherwise provided in this chapter, the holder of the memorandum or pawn ticket shall be presumed to be the person entitled to redeem...
  • 726.320   Redemption by mail.
    When a pawn ticket, instead of being presented in person, is sent to the pawnbroker by mail, accompanied with a money order, bank draft or...
  • 726.330   Delivery of pledge upon surrender of pawn ticket.
    Except as otherwise provided in this chapter, a pawnbroker shall not be required to deliver a pledge except upon surrender of the pawn ticket, unless...
  • 726.340   Loss, destruction or theft of pawn ticket; affidavit; liability.
    If the pawn ticket or memorandum is lost, destroyed or stolen, the pledgor shall so notify the pawnbroker in writing. The pawnbroker shall treat receipt...
  • 726.350   Alteration.
    The alteration of a pawn ticket shall not excuse the pawnbroker who issued it from liability to deliver the pledge according to the terms of...
  • 726.360   Spurious pawn tickets.
    If a pawn ticket is presented to a pawnbroker which purports to be the one issued by the pawnbroker, but which is found to be...
  • 726.370   Multiple claimants of pledge; interpleader.
    If more than one person claims the right to redeem a pledge, the pawnbroker shall incur no liability for refusing to deliver the pledge until...
  • 726.380   Loss of or injury to pledge; lien on pledge.
    A pawnbroker shall be liable for the loss of a pledge or a part thereof or for injury thereto resulting from failure to exercise reasonable...
  • 726.390   Interest rates and charges.
    (1) A pawnbroker may not charge, contract for or receive interest at a rate in excess of three percent per month. However, on pledge loans...
  • 726.395   Charges related to firearms.
    A charge of $3 may be charged a pledgor or customer who places with the pawnbroker firearms required to be registered under the laws of...
  • 726.400   Loan period; forfeiture of pledge; notice; period for redeeming pledge.
    (1) Unless a longer loan period is agreed upon by the pledgor and the pawnbroker, all loans shall be made for a period of 60...
  • 726.410   Record of forfeited pledges.
    Every pawnbroker shall keep an indelible record, fully itemized, of all forfeited pledges. The record shall contain the following information: (1) The number of the...
  • 726.420   Effect of charging excessive interest or fees.
    If any pawnbroker or agent, member, officer or employee thereof, or any other person is found by the Director of the Department of Consumer and...
  • 726.430   [Repealed by 1975 c.544 §62]
  • 726.440   Enforcement orders.
    (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,...
  • 726.910   Civil penalties.
    (1) Any person who violates 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 or any rule adopted under ORS...
  • 726.990   Criminal penalties.
    (1) Violation, or participation in the violation, of any provision of this chapter by any pawnbroker or any agent, member, officer or employee thereof, or...
  • Last modified: August 7, 2008