2011 Oregon Revised Statutes
ORS Volume 15, Chapters 670 - 704
ORS Chapter 697
697.732 Examinations; investigations; costs; access; public disclosure requirements and exemptions.

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

(a) Examine a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 and the debt management service provider s or the person s accounts for the purpose of investigating a violation of ORS 697.642 to 697.702.

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

(A) Determine whether a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 violated, is violating or is about to violate ORS 697.612 or 697.642 to 697.702 or a rule the director adopted under ORS 697.632; or

(B) Aid in enforcing the provisions of ORS 697.612 and 697.642 to 697.702 and in formulating rules for adoption under ORS 697.632.

(c) Require a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 to file a written statement, under oath or otherwise, that addresses a matter the director is investigating.

(d) Administer oaths and affirmations, subpoena witnesses, compel the witnesses to attend, take evidence and require a person that the director is investigating to produce books, papers, correspondence, memoranda, agreements or other documents or records that the director deems relevant or material to the investigation. A witness who appears before the director under a subpoena shall receive the fees and mileage described in ORS 44.415 (2).

(e) Charge and require a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 to pay for the reasonable cost of an examination or investigation conducted under this section in an amount the director specifies.

(2) If a person does not comply with a subpoena that the director issues under this section, a circuit court in this state upon the director s application shall begin contempt proceedings to compel compliance in the same manner in which the court would compel compliance with a subpoena in a civil action.

(3) A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 shall provide the director for the purpose of investigating a violation of ORS 697.612 or 697.642 to 697.702 with free access to the debt management service provider s or the person s offices, places of business, books, accounts, records, papers, files, safes and vaults.

(4)(a) The director shall maintain for public inspection a record of any order the director issued that:

(A) Suspended, revoked or refused to renew a person s registration as a debt management service provider; or

(B) Imposed a civil penalty under ORS 697.832.

(b) The record that the director maintains of the director s order shall show:

(A) The form of the order that the director issued;

(B) The name of the person that is the subject of the order; and

(C) The grounds for the action that the director took in the order.

(c) The director shall maintain as a public record any notice or other information that indicates that a collection on a deposit or on the bond required under ORS 697.642 has occurred.

(d) Except as provided in this subsection, records, reports and other information that the director receives or compiles as a result of an investigation conducted under this section are exempt from the disclosure required under ORS 192.420. [1983 c.17 15; 2005 c.338 17; 2009 c.604 13]