1. (1) After notice and opportunity for hearing as provided in ORS 183.310 et seq., the Attorney General may deny registration or revoke any registration issued to a commercial fund raising firm or professional fund raising firm. The Attorney General shall deny the registration within ten days of receipt of a completed application or the registration shall be deemed to be approved. A hearing shall be granted within 30 days of receipt of a written request for a hearing from the applicant.

2. (2) The Attorney General may revoke a firm’s registration or deny a registration application if the Attorney General finds:

   1. (a) A material misrepresentation or false statement in the application for registration or other statement filed with the Attorney General, as provided in the Charitable Solicitations Act or these rules; or
   2. (b) Any material violation of ORS 128.821 to 128.861, 128.886 and 128.891 or the rules adopted by the Attorney General pursuant to the Charitable Solicitations Act.

3. (3) A “material misrepresentation” or a “material violation” will be determined on the facts in each individual case. However, the following circumstances shall always constitute material violations:

   1. (a) The failure to complete and file a fund raising notice with the Attorney General as required by ORS 128.826 or Section 18, Chapter 532, Oregon Laws 1991, prior to making solicitations;
   2. (b) The use of solicitation materials in the course of a solicitation campaign which do not contain the disclosures required by Sections 6 or 20, Chapter 532, Oregon Laws 1991.
4. (4) A false statement is any statement contrary to truth or fact.

Statutory/Other Authority

ORS 128.876

Statutes/Other Implemented

ORS 128.871

History

JD 5-1991, f. & cert. ef. 10-22-91
JD 1-1990, f. & cert. ef. 1-25-90