(a) Shall notify the person of the complaint, provide a copy of the complaint in the notice and require the person to respond to the complaint and to the director within 30 days after the date of the notice;
(b) May investigate the complaint and require the person to provide books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence necessary for the director’s investigation; and
(c) May investigate the person and the person’s policies and practices with respect to servicing a student loan and require the person to provide books, accounts, papers, records, files, documentation and other information, material or evidence necessary for the director’s investigation.
(2)(a) Except as provided in paragraph (b) of this subsection, books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence the director receives or possesses as a consequence of an investigation under subsection (1) of this section are confidential unless state or federal law or a court order permits or requires disclosure.
(b) The director may share any item listed in paragraph (a) of this subsection with any state or federal agency.
(3) The director may charge and collect from a person the director investigates under this section the costs the director incurs in conducting the investigation.
(4) This section does not apply to:
(a) A financial institution, as defined in ORS 706.008.
(b) A financial holding company or bank holding company, both as defined in ORS 706.008, if the financial holding company or bank holding company does no more than control an affiliate or subsidiary, as defined in 12 U.S.C. 1841(d), and does not engage in business as a student loan servicer. [2021 c.651 §9]
Note: 725A.524 becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 725A - Short-Term Loans and Student Loan Servicing
Section 725A.010 - Definitions.
Section 725A.012 - Application.
Section 725A.020 - Licensing requirement.
Section 725A.022 - License application; contents; fee; rules.
Section 725A.026 - Grounds for disapproving license application.
Section 725A.028 - License fee; other fees; rules.
Section 725A.030 - Annual report; contents; penalty; rules.
Section 725A.032 - Business name and location.
Section 725A.034 - License revocation and suspension.
Section 725A.036 - License reinstatement; fee.
Section 725A.038 - License surrender.
Section 725A.050 - Director’s power to examine or investigate; costs.
Section 725A.054 - Duty to report defalcation; audit.
Section 725A.056 - Loan disclosure requirements; receipt; procedure after full loan repayment.
Section 725A.060 - Prohibited conduct generally.
Section 725A.062 - Prohibited conduct for title loan lender.
Section 725A.064 - Prohibited conduct for payday loan lender.
Section 725A.080 - Complaint and administrative remedy.
Section 725A.082 - Cease and desist order.
Section 725A.084 - Suspension or removal of officer or director of licensee.
Section 725A.090 - Loan tracking and counseling system; rules; fees.
Section 725A.500 - Definitions.
Section 725A.509 - Duties of licensee; assumed business name.
Section 725A.515 - Required notifications from licensee to director.
Section 725A.530 - Ombudsman; duties; report to Legislative Assembly.