The Director of the Department of Consumer and Business Services may deny, suspend, condition, revoke or refuse to issue or renew a registration as a debt management service provider if the director determines that an applicant or debt management service provider:

Terms Used In Oregon Statutes 697.752

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

(1) Cannot meet financial obligations as the obligations mature, has liabilities that exceed assets or is in a financial condition that prevents the applicant or debt management service provider from continuing in business with safety to consumers;

(2) Engaged in dishonest, fraudulent or illegal practices or conduct in a business or profession, or unfair or unethical practices or conduct in connection with a debt management service;

(3) Filed, knowingly or negligently, false or untruthful information with the director under ORS § 697.632;

(4) Violated a provision of ORS § 697.642 to 697.702 or a rule the director adopted under ORS § 697.632;

(5) Filed an application for registration that on the date the director issued a registration or on the date the director denied, suspended, conditioned or revoked a registration was incomplete in a material respect or contained a statement that was false or misleading with respect to a material fact in light of the circumstances in which the applicant or debt management service provider made the statement;

(6) Failed to account to interested persons for money or property the applicant or debt management service provider received;

(7) Was temporarily or permanently enjoined from engaging in or continuing a conduct or practice involving a debt management service by a court of competent jurisdiction;

(8) Is subject to a director’s order that denied, suspended, conditioned or revoked a registration as a debt management service provider, or a license or registration that the director issued under another provision of law;

(9) Is subject to a cease and desist order that the director entered within the previous five years after giving the applicant or debt management service provider notice and an opportunity for a hearing;

(10) Demonstrated negligence or incompetence in performing a debt management service or an act, the performance of which requires the applicant or debt management service provider to obtain a registration or license;

(11) Failed to supervise diligently and control an employee’s or agent’s actions related to a debt management service that the applicant or debt management service provider performed;

(12) Was convicted of a felony or of a misdemeanor for which an essential element is fraud, either as an individual that is subject to the requirement to register as a debt management service provider or as a member, partner, officer, director or principal of an applicant or debt management service provider;

(13) Reduced the amount of the bond required under ORS § 697.642 or allowed the bond to lapse;

(14) Knowingly made a false entry in a consumer’s record; or

(15) Knowingly mutilated, destroyed or otherwise disposed of a consumer’s record unless the record concerns a consumer that no longer receives a debt management service from the applicant or debt management service provider or the record is not subject to the retention requirement set forth in ORS § 697.672. [1983 c.17 § 16; 1989 c.209 § 3; 2005 c.338 § 18; 2009 c.604 § 14]

 

[1959 c.635 § 28; repealed by 1963 c.470 § 17]

 

[1959 c.635 § 29; repealed by 1971 c.734 § 21]