ORS 86A.224 Denying, suspending, conditioning, revoking or declining to renew license; findings required; order; civil penalty; prohibited activity; criminal liability

(1)

In addition to authority the Director of the Department of Consumer and Business Services has under ORS 86A.095 to 86A.198, the director under this section has the authority, subject to ORS chapter 183, to deny, suspend, place conditions upon, revoke or decline to renew a mortgage loan originator’s license or permanently prohibit a person from conducting business as a mortgage loan originator if:

(a)

A licensed mortgage loan originator violates a provision of ORS 86A.200 to 86A.239 or a rule or order the director issues under ORS 86A.200 to 86A.239;

(b)

The director makes a finding under ORS 86A.212 or 86A.218 that the director believes justifies a decision to deny or decline to renew a mortgage loan originator’s license;

(c)

An applicant makes a false statement or a material misstatement of fact on an application for a mortgage loan originator’s license or a licensed mortgage loan originator makes a false statement or a material misstatement of fact on an application to renew a mortgage loan originator’s license; or

(d)

A person who is not exempted from the requirement to obtain a mortgage loan originator’s license under ORS 86A.203 (2) conducts business as a mortgage loan originator without applying for and receiving a mortgage loan originator’s license under ORS 86A.206 and 86A.212.

(2)

The director, subject to ORS chapter 183, may order a person that is subject to regulation under ORS 86A.200 to 86A.239 to:

(a)

Cease and desist immediately or permanently from violating a provision of ORS 86A.200 to 86A.239 or from an act or practice related to mortgage loan origination that the director deems harmful to a consumer or to the public;

(b)

Stop or suspend business related to mortgage loan origination;

(c)

Pay restitution to a consumer or another person that the director finds suffered harm from the person’s acts, omissions, practices or operations or as a result of the person’s violation of a provision of ORS 86A.200 to 86A.239; or

(d)

Take or refrain from taking an action the director deems necessary to comply with ORS 86A.200 to 86A.239.

(3)(a)

The director, in accordance with ORS 183.745, may impose a civil penalty in an amount not to exceed $5,000 for each separate instance of a violation of or failure to comply with the provisions of ORS 86A.200 to 86A.239 or a rule or order the director adopted or issued under ORS 86A.200 to 86A.239.

(b)

Every violation described in paragraph (a) of this subsection is a separate offense that is subject to a separate penalty. Each day in which the same violation occurs is a separate violation. A violation that continues for more than one day is a continuing violation that is subject to a maximum penalty of $20,000.

(4)(a)

A person may not knowingly:

(A)

Violate a provision of ORS 86A.203;

(B)

Fail to comply with an order the director issues under this section;

(C)

Fail to produce records at the director’s request under ORS 86A.233;

(D)

Employ a device, scheme or artifice to defraud or engage in an act, practice or course of business that operates or would operate as a fraud or deceit;

(E)

Make an untrue statement of a material fact or omit from a statement a material fact that would make the statement not misleading in light of the circumstances under which the person makes the statement; or

(F)

Make or file or cause to be made or filed with the director a statement, report or document that the person knows is false in a material respect or matter.

(b)

A person who takes an action described in paragraph (a) of this subsection commits a Class C felony.