If the director finds a person has violated 646.639, sections 1-3 of 2017 Oregon Laws Ch. 625, any rule or order of the director issued under 646.639 or sections1-3 of 2017 Oregon Laws Ch. 625 or another applicable law, the director may in accordance with ORS 183:

1. (1) Issue a cease and desist order;
2. (2) Suspend, condition, revoke or deny a license or renewal;
3. (3) Order disgorgement of all payments received in the course of or as a result of the violation;

4. (4) Impose civil penalties of up to $5,000 per violation;

   1. (a) When assessing a penalty, the director will note any aggravating or mitigating factors including but not limited to the severity of the violation, consumer harm, intent, and efforts made by the person to remedy or mitigate the violation.
   2. (b) The maximum penalty for continuous violation is $20,000.

Statutory/Other Authority

2017 Or Laws ch 625 §§ 8, 13, 15

Statutes/Other Implemented

2017 Or Laws ch 625 §§ 4 - 10

History

FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018
FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018