2017 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 086A - Mortgage Lending
Section 86A.330 - Violations; civil penalties; costs of investigation.
(1) If after conducting an investigation, the Director of the Department of Consumer and Business Services determines that a person that services a residential mortgage loan has violated ORS 86A.303 to 86A.339, a rule the director adopted or an order the director issued under ORS 86A.303 to 86A.339 or another applicable law, the director may order the person to:
(a) Cease and desist from any act that constitutes a violation of ORS 86A.303 to 86A.339.
(b) Resolve any complaint the director received under ORS 86A.327 and pay the borrower that submitted the complaint any damages to which the borrower would be entitled under law.
(c) Pay a borrower any amount the person received from the borrower as compensation while engaging in any action that constituted a violation of ORS 86A.303 to 86A.339.
(2)(a) In addition to and not in lieu of any other penalty provided by law, the director may impose a civil penalty under ORS 183.745 in an amount of not more than $5,000 for each instance in which a person violates, aids or abets another person in violating or procures a violation of ORS 86A.303 to 86A.339 or an order the director issues under ORS 86A.303 to 86A.339.
(b) Each instance described in paragraph (a) of this subsection is a separate violation and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation.
(3) The director may assess the costs of conducting an administrative proceeding under this section against the person that is the subject of the administrative proceeding or may include the costs of the administrative proceeding in any civil penalty the director imposes under this section.
(4) A person that is subject to a civil penalty under this section may appeal the penalty as provided in ORS chapter 183.
(5) The director shall deposit any amount the director receives under this section to the General Fund of the State Treasury. [2017 c.636 §11]
