Oregon Statutes 725A.527 – Violations; orders of director; remedies; civil penalties; charge for costs of proceeding
(1) If, after conducting an investigation, the Director of the Department of Consumer and Business Services determines that a person that services a student loan has violated ORS § 725A.500 to 725A.530, violated a rule the director adopted or an order the director issued under ORS § 725A.500 to 725A.530 or violated another applicable law, the director may order the person to:
Terms Used In Oregon Statutes 725A.527
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(a) Cease and desist from any act that constitutes a violation of ORS § 725A.500 to 725A.530.
(b) Resolve any complaint the director received under ORS § 725A.524 and pay the borrower that submitted the complaint any damages to which the borrower would be entitled under law.
(c) Pay a borrower any amount the person received from the borrower as compensation while engaging in any action that constituted a violation of ORS § 725A.500 to 725A.530.
(2)(a) In addition to and not in lieu of any other penalty provided by law, the director may impose a civil penalty under ORS § 183.745 in an amount of not more than $5,000 for each instance in which a person violates, aids or abets another person in violating, or procures a violation of ORS § 725A.500 to 725A.530 or an order the director issues under ORS § 725A.500 to 725A.530.
(b) Each instance described in paragraph (a) of this subsection is a separate violation and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation.
(3) The director may assess the costs of conducting an administrative proceeding under this section against the person that is the subject of the administrative proceeding or may include the costs of the administrative proceeding in any civil penalty the director imposes under this section.
(4) A person that is subject to a civil penalty under this section may appeal the penalty as provided in ORS Chapter 183.
(5) The director shall deposit any amount the director receives under this section to the General Fund of the State Treasury. [2021 c.651 § 10]