Title 52A — INSURANCE AND FINANCE ADMINISTRATION

Chapter 705 — Department of Consumer and Business Services

57 sections

705.005 [1985 c.762 §2; repealed by 1987 c.373 §85]

ADMINISTRATION (Generally)

705.010 Definitions

As used in this chapter: “Board” means the Workers’ Compensation Board. “Department” means the Department of Consumer and Business Services. “Director” means the Director of the Department of Consumer and Business Services.

705.100 [1985 c.762 §3; repealed by 1987 c.373 §85]

705.105 Department of Consumer and Business Services; director; qualifications; confirmation; Insurance Commissioner; bond or letter of credit; seal

The Department of Consumer and Business Services is created. The department shall be under the supervision and control of a director who shall be responsible for the functions of the department. Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint the director, who shall hold office at the plea…

705.110 [1985 c.762 §4; repealed by 1987 c.373 §85]

705.115 Department organization

The Director of the Department of Consumer and Business Services, with the approval of the Governor, shall organize and reorganize the Department of Consumer and Business Services in the manner the director considers necessary to conduct the work of the department properly. The functions of the department may be divided into administrative divisions or staf…

705.117 Consumer Advocacy Section

The Director of the Department of Consumer and Business Services shall establish within the department a Consumer Advocacy Section not later than January 1, 1988. Note: 705.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 705 or any series therein by legislative action. See Preface to Oregon Revised Sta…

705.120 [1985 c.762 §5; repealed by 1987 c.373 §85]

705.125 Deputy director; subordinate officers and personnel

With the approval of the Governor, the Director of the Department of Consumer and Business Services may appoint a deputy director who shall serve at the pleasure of the director, not be subject to the State Personnel Relations Law and have full authority to act for the director, subject to the control of the director. The appointment of the deputy director s…

705.130 [1985 c.762 §6; repealed by 1987 c.373 §85]

705.135 Delegation; rules; employee indebtedness; reporting

The Director of the Department of Consumer and Business Services may delegate any duties, powers and functions of the director or of the Department of Consumer and Business Services, under such conditions as the director deems appropriate. In accordance with ORS chapter 183, and in addition to other rulemaking authority prescribed by law, the director may a…

705.137 Information that is confidential or not subject to disclosure; public officer privilege; permitted uses of confidential information

Except as provided in subsection (3) of this section, a document, material or other information that the Department of Consumer and Business Services possesses or controls for the purpose of administering ORS 86A.095 to 86A.198, 86A.990, 86A.992, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900, 717.905 and 735.533 and ORS chapters 59, 723…

705.138 Confidential and privileged documents; conditions for sharing with chief insurance regulatory official

The Director of the Department of Consumer and Business Services may share confidential and privileged documents, material or information the director receives under ORS 732.517 to 732.596 with a chief insurance regulatory official in accordance with ORS 705.137: Only if the regulatory official’s jurisdiction has a statute or rules that are substantially si…

705.139 Agreements with other agencies regarding sharing and use of confidential information; contents

The Director of the Department of Consumer and Business Services, consistent with ORS 705.137, may enter into agreements with other state, federal, foreign and international regulatory and law enforcement agencies, with the Federal Reserve Board and with the National Association of Insurance Commissioners and affiliates or subsidiaries of the National Associ…

705.140 [1985 c.762 §6a; repealed by 1987 c.373 §85]

705.141 Criminal records check; fingerprints required; persons subject to requirement

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Consumer and Business Services may require the fingerprints of a person who is applying for a license, or applying to renew a license, under ORS 744.059, 744.326, 744.518 or 744.611 or a person who: Is employed or applying for employment by the d…

705.143 Combined license processing; rules

The Department of Consumer and Business Services may establish one or more combined license processing programs. Participation in a combined license processing program by a state agency is voluntary. Notwithstanding any other provision of law, agencies participating in a combined license processing program may: Use combined license applications; Adopt stan…

705.145 Consumer and Business Services Fund; sources; uses; revolving account; assignment of certain moneys to single account; contracts for state building code training programs

There is created in the State Treasury a fund to be known as the Consumer and Business Services Fund, separate and distinct from the General Fund. All moneys collected or received by the Department of Consumer and Business Services, except moneys required to be paid into the Workers’ Benefit Fund, shall be paid into the State Treasury and credited to the Con…

705.146 Prescription Drug Affordability Account

The Prescription Drug Affordability Account is established as a subaccount in the Consumer and Business Services Fund created in ORS 705.145, consisting of moneys collected under ORS 646A.695 and moneys that may be appropriated for deposit into the Prescription Drug Affordability Account by the Legislative Assembly. Interest earned on the account shall be cr…

705.148 Transfers from Consumer and Business Services Fund to Workers’ Benefit Fund; purpose; amount; liability limit

The Director of the Department of Consumer and Business Services shall transfer workers’ compensation premium assessment revenue from the Consumer and Business Services Fund to the Workers’ Benefit Fund to finance the cost of carrying out the provisions of ORS 656.054 and 656.735 and section 15, chapter 600, Oregon Laws 1985. The amount of total transfers d…

705.150 [1985 c.762 §7; repealed by 1987 c.373 §85]

705.155 Petty cash funds

The Director of the Department of Consumer and Business Services and the Workers’ Compensation Board may in their discretion establish and maintain petty cash funds for the purpose of making change and paying other petty incidental expenses in the administration of the functions of the Department of Consumer and Business Services and the board.

705.160 [1985 c.762 §8; repealed by 1987 c.373 §85]

705.165 Disposition of moneys accruing from department administration and enforcement of certain laws

Except as provided in ORS 59.255, 59.995, 86A.130, 86A.992 and 645.950, the net amount accruing to the Department of Consumer and Business Services from all fees, charges, interest, penalties and miscellaneous revenues from all sources under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 86A.095 to 86A.198, 650.005 to 650.100 and 705.350…

705.170 [1985 c.762 §9; repealed by 1987 c.373 §85]

705.175 Warrant for collection of debt owed Department of Consumer and Business Services

If any amount due the Department of Consumer and Business Services is not paid within 30 days of the date payment becomes due, and no provision has been made to secure the payment, the department may issue a warrant. The warrant may be filed with the county clerk of any county in this state and recorded in the County Clerk Lien Record of the county in which …

705.180 [1985 c.762 §§10,10a; repealed by 1987 c.373 §85]

705.190 [1985 c.762 §13; repealed by 1987 c.373 §85]

705.200 [1985 c.762 §12; repealed by 1987 c.373 §85]

705.210 [1985 c.762 §13a; repealed by 1987 c.373 §85]

705.220 [1985 c.762 §13b; repealed by 1987 c.373 §85]

705.230 [1985 c.762 §14; repealed by 1987 c.373 §85]

705.240 [1985 c.762 §15; repealed by 1987 c.373 §85]

705.250 [2011 c.272 §20; renumbered 455.146 in 2017]

SECURITIES AND FRANCHISE LAWS; ADMINISTRATIVE PROVISIONS

705.300 Records of actions of director regarding securities, commodity and franchise laws

The Director of the Department of Consumer and Business Services shall keep books, as records of office, showing all acts, matters and things done by the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100.

705.310 Evidentiary effect of certain records regarding securities, commodities and franchises; fees

Copies of all records and papers of the Department of Consumer and Business Services relating to duties, functions and powers of the Director of the Department of Consumer and Business Services and the department under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100, certified by the director, shall be receiv…

705.320 Certified documents; effect

When certified by the Director of the Department of Consumer and Business Services, all certificates issued by the director and all copies of documents filed in the Department of Consumer and Business Services that relate to the duties, functions and powers of the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 6…

705.330 Withdrawal of certain documents; review; effect

Within one year after a filing under ORS chapter 645 or ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 or 650.005 to 650.100, the Director of the Department of Consumer and Business Services may withdraw from filing any document filed by the director when the person who submitted the document advises the Department of Consumer and Business Services t…

705.340 Access to director’s and department records regarding securities, commodities and franchises; rules; accuracy of information

The Director of the Department of Consumer and Business Services by rule shall adopt a schedule establishing priority of access among members of the general public, governmental agencies and other persons to records of the director and the Department of Consumer and Business Services relating to the duties, functions and powers under ORS chapter 645 and ORS …

705.350 Fees for certain documents; rules

Notwithstanding ORS 192.311 to 192.478, the Director of the Department of Consumer and Business Services shall establish by rule reasonable fees for the following that relate to the duties, functions and powers of the director under ORS chapter 645 and ORS 59.005 to 59.505, 59.710 to 59.830, 59.991, 59.995 and 650.005 to 650.100: Computer generated lists on…

705.500 [1987 c.94 §113; repealed by 1997 c.631 §567]

705.510 [1987 c.94 §114; repealed by 1997 c.631 §567]

705.600 [1987 c.491 §2; 1989 c.310 §1; 1993 c.18 §154; 1993 c.229 §25; 1993 c.318 §14; repealed by 1997 c.631 §567]

FINANCIAL INSTITUTIONS

705.610 Appointment of financial institution examiners

The Director of the Department of Consumer and Business Services shall appoint examiners to conduct, as required by law, all examinations of entities subject to ORS chapters 706 to 725.

705.620 [1987 c.171 §2; 1993 c.264 §§3,3a; 1995 c.192 §1; repealed by 2009 c.541 §49]

705.630 Charging for extra expenses

When the Department of Consumer and Business Services incurs extra expenses in performing its functions and the Director of the Department of Consumer and Business Services determines that the expenses are incurred for the primary benefit of another person, the director may charge and collect from the person an amount equal to the reasonable actual extra exp…

705.635 Certificate of approval of certain business registry names filed under ORS 56.023

A person may submit a written request for a certificate from the Director of the Department of Consumer and Business Services for purposes of complying with the provisions of ORS 56.023. The request shall provide such information as the director may require by rule or order. Upon receiving a request for a certificate under subsection (1) of this section, th…

705.638 “Company” defined; organization requirements for companies conducting banking business

For purposes of this section, “company” means a corporation, nonprofit corporation, cooperative, limited liability company, partnership, limited liability partnership, limited partnership, business trust, association or other business entity. A company organized under the laws of this state for the purposes of conducting a banking business as defined in ORS…

705.640 Enforcement authority regarding conduct of banking business; court order; cease and desist order; civil penalty

Whenever the Director of the Department of Consumer and Business Services has reason to believe that a person is violating a provision of ORS 705.638, 707.005 or 707.010, the director: Shall have access to the premises where the person is suspected of transacting banking business in violation of ORS 705.638, 707.005 or 707.010 or where the person may have b…

705.642 Injunction authority regarding conduct of banking business; penalty; attorney fees; claims for restitution, damages or disgorgement of illegal gains

Whenever the Director of the Department of Consumer and Business Services determines that a person has engaged, is engaging or is about to engage in an act or practice constituting a violation of a provision of ORS 705.638, 707.005 or 707.010 or any rule or order of the director, the director may bring suit in the name of or on behalf of the State of Oregon …