(1) 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 that the document was submitted prematurely or by inadvertence or mistake. The person requesting the withdrawal shall accompany the request with a written statement reflecting the basis of the person’s authority to initiate the withdrawal.

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Terms Used In Oregon Statutes 705.330

  • Department: means the Department of Consumer and Business Services. See Oregon Statutes 705.010
  • Director: means the Director of the Department of Consumer and Business Services. See Oregon Statutes 705.010
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) The director may withdraw without notice or hearing a certificate that the director has issued or a document that the director has filed 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 when the fee was paid with a check that was returned to the department for lack of sufficient funds. Such withdrawal shall be retroactive to the date of filing.

(3) Any decision under this section may be reviewed in accordance with the provisions of ORS Chapter 183.

(4) A withdrawal from filing of a document under this section is retroactive to the date of the filing but shall not relieve a person of any liability the person may have incurred while the document was filed with the department. The director is not required to refund any fees paid in conjunction with the document withdrawn. [1987 c.414 § 73; 1989 c.179 § 8]