An entity engaging in the following conduct is subject to probation, suspension, revocation, or denial of a certification or registration and assessment of a civil penalty pursuant to ORS 97.948 and OAR 441-930-0310:
(1) Furnishing false or misleading information to the director in connection with:
- (a) Obtaining, renewing, reinstating, or maintaining certification or registration;
- (b) The filing of an annual report; or
- (c) An investigation;
- (2) Failing to furnish accurate and understandable price information to consumers;
- (3) Employing any unconscionable tactic in connection with the offer or sale of a prearrangement plan;
- (4) Failing to make and verify trust deposits in the amounts and within the times specified in ORS 97.941;
- (5) Withdrawing principal or income of a trust account in excess of what is permitted pursuant to ORS 97.943;
- (6) Failing to comply with the annual reporting requirements as required by ORS 97.933 or these rules;
- (7) Failing to provide the goods and services agreed to in a sales contract;
- (8) Using trust funds for non-trust purposes;
- (9) Failing to release trust funds to the rightful payee within 30 days of the date of request for release; or
- (10) Failing to comply with any other provision of ORS 97.923 to 97.949, or these rules.
Statutory/Other Authority
ORS 97.926, 97.933 & 97.935
Statutes/Other Implemented
ORS 97.933, 97.935, 97.941 & 97.948
History
FCS 14-2010, f. 12-30-10, cert. ef. 1-1-11
FCS 2-2006, f. & cert. ef. 2-22-06
FCS 3-2004, f. & cert. ef. 9-30-04
DO 1-2002, f. & cert. ef. 1-10-02, Renumbered from 440-300-0290