2021 Oregon Revised Statutes
Chapter 705 - Department of Consumer and Business Services
Section 705.640 - Enforcement authority regarding conduct of banking business; court order; cease and desist order; civil penalty.


(a) 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 books, accounts and records; and
(b) Shall have the power to examine, copy or take possession of the books, accounts and records of the person in order to ascertain whether or not the person has violated or is violating any provision of ORS 705.638, 707.005 or 707.010.
(2) If a person refuses to grant access to the premises or refuses to comply with the provisions of subsection (1) of this section, the director may apply for an order to require compliance with the provisions of subsection (1) of this section from a court that has jurisdiction over the matter.
(3) When the director believes, from evidence satisfactory to the director, that a person is violating the provisions of ORS 705.638, 707.005 or 707.010, the director may:
(a) Issue an order finding the person in violation, directing the person to cease and desist from the violation and assessing a penalty equal to the costs of investigation plus $1,000, but not exceeding $5,000; and
(b) Publish notice of an order issued by the director pursuant to paragraph (a) of this subsection.
(4) An order under this section remains in effect until the director or a court withdraws the order. [2001 c.315 §46; 2009 c.541 §27]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 705 - Department of Consumer and Business Services

Section 705.010 - Definitions.

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

Section 705.115 - Department organization.

Section 705.117 - Consumer Advocacy Section.

Section 705.125 - Deputy director; subordinate officers and personnel.

Section 705.135 - Delegation; rules; employee indebtedness; reporting.

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

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

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

Section 705.141 - Criminal records check; fingerprints required; persons subject to requirement.

Section 705.143 - Combined license processing; rules.

Section 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.

Section 705.146 - Prescription Drug Affordability Account.

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

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

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

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

Section 705.330 - Withdrawal of certain documents; review; effect.

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

Section 705.350 - Fees for certain documents; rules.

Section 705.630 - Charging for extra expenses.

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

Section 705.638 - "Company" defined; organization requirements for companies conducting banking business.

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

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