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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
DIVISION OF FINANCE AND CORPORATE SECURITIES

 

DIVISION 1

PROCEDURAL RULES

 

441-001-0005

Model Rules of Procedure

The Director adopts by reference, for all programs administered by the Division of Finance and Corporate Securities, the Attorney General's Model Rules of Procedure as published in the Oregon Attorney General's Administrative Law Manual dated January 1, 2006.

Stat. Auth.: ORS 59.285, 59.900, 192.845, 645.205, 646A.266, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260
Stats. Implemented: ORS 183.341
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04; FCS 2-2004, f. & cert. ef. 8-5-04; FCS 4-2006, f. & cert. ef. 5-17-06

441-001-0010

Notice of Rulemaking

(1) Except when acting in an emergency to adopt a temporary rule in accordance with ORS 183.335(5), before any proposed adoption, amendment, or repeal of an administrative rule in this chapter or in chapter 440, division 35, 200 or 300, the Director will give prior notice as required in ORS 183.335(1).

(2) In addition to the notice described in section (1) of this rule, depending upon the subject matter of the proposal, notice may be given to licensed entities, organizations affiliated with regulated industries, publishers of industry publications, and the media.

(3) Any person receiving notice of rulemaking under this rule may request notice be sent to that person electronically.

Stat. Auth.: 59.285, 59.900, 192.845, 645.205, 646A.266, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625, 726.260
Stats. Implemented: 183.335
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04

441-001-0020

Mailing List

(1) The following documents will be mailed to persons who request placement on the mailing list for the Division of Finance and Corporate Securities and pay an initial fee of $30 and a biennial renewal fee of $30 on or before January 1 of each odd-numbered year thereafter:

(a) Proposals to adopt, amend, or repeal rules;

(b) Adopted rules;

(c) Legislation initiated by the Director (initial bill only); and

(d) Enacted legislation affecting the statutes administered by the Director.

(2) All persons who have not paid the renewal fee by the due date shall be removed from the mailing list.

(3) The fee provisions of this rule shall not apply to:

(a) Persons described in OAR 441-001-0010(2);

(b) Governmental agencies;

(c) Persons requesting placement on the mailing list who elect to receive documents electronically only; or

(e) Persons who establish to the satisfaction of the Director that extreme financial hardship would result from the payment required by section (1) of this rule.

Stat. Auth.: 59.285, 59.900, 192.845, 645.205, 646A.266, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625, 726.260
Stats. Implemented: 183.335
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04

441-001-0030

Contested Case Proceedings

(1) Except for appeals to courts of appropriate jurisdiction from decisions of the Director under ORS 707.080, 707.150 or 707.180, a person shall be considered as timely requesting a contested case hearing for any program administered by the Division of Finance and Corporate Securities if the written request for hearing is received by the Director within the time specified in the notice or proposed order served on the person. The time specified in the notice or proposed order shall be as stated in the applicable program's statutes or if none, in ORS Chapter 183.

(2) A contested case notice, in addition to the notice requirements of ORS 183.415(2), may include a statement that the record of the proceeding to date including information in the division file automatically becomes part of the contested case record upon default for the purpose of proving a prima facie case.

(3) No later than 60 days after the expiration of the time for requesting a hearing, a party may request a hearing by filing a request and an affidavit which:

(a) Shows the failure to request a hearing was due to mistake, inadvertence, surprise, or excusable neglect; and

(b) Sets forth a meritorious defense to the matters contained in the order.

(4) If the Director allows the late request, the Director shall refer the matter to the Office of Administrative Hearings. This referral does not stay the order which became final on the default. If the late request is denied, the Director shall enter an order setting forth the reasons for such denial.

Stat. Auth: ORS. 59.285, 59.900, 192.845, 645.205, 646A.266, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625, 726.260
Stats. Implemented: ORS 59.295, 59.905, 97.948, 183.090, 183.430, 183.435, 192.845, 706.580, 707.080, 707.150, 707.180, 717.235, 717.265, 725.235
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04

441-001-0040

Requests for Opinions and Interpretations

(1) For the purpose of this rule, a "request for opinion or interpretation" is defined as an informal inquiry requesting confirmation of the existence of an exemption, or requesting interpretation or advice on the applicability of any law administered by the Division of Finance and Corporate Securities.

(2) The intent of this rule is to formalize the opinion procedures so requests for opinions can be handled expeditiously.

(3) All requests for opinions and interpretations must:

(a) Be in writing, mailed or delivered to the Department of Consumer and Business Services, Division of Finance and Corporate Securities, 350 Winter Street N.E., Room 410, PO Box 14480, Salem, Oregon 97309-0405 or faxed to 503-947-7862;

(b) Concisely state the question or show all operative facts including the reason why the opinion or interpretation is requested; and

(c) Contain an analysis of the law applicable to the facts.

(4) Responses to requests for opinion will be limited to:

(a) Notice that the Director takes the position that further action is not required;

(b) Notice that the Director takes the position that further action is required;

(c) Notice that the Director declines to take a position; or

(d) A modification of the foregoing where necessary for clarity.

(5) Responses of the Director, which do not constitute a rule or order, and are not binding on any court or third party:

(a) Will only be in writing and will be based upon representations made.

(b) May be revised if additional facts or circumstances exist which warrant a change.

(c) Will be declined where litigation is pending or is threatened.

(d) Will be declined where the questions are asked after the fact.

(e) Will be declined where significant additional research is required.

(f) Are binding on the Director and the requester on the state of facts presented unless altered or set aside by a court.

(6) Any party dissatisfied with an opinion or interpretation may petition the Director for a declaratory ruling pursuant to ORS 183.410.

Stat. Auth.: ORS 59.285, 59.900, 192.845, 645.205, 646A.266, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625, 726.260
Stats. Implemented: ORS 183.310
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04

441-001-0050

Refund of Monies Paid

(1) This rule pursuant to ORS 293.445 provides for the refund of monies paid to the Department of Consumer and Business Services to which the Department has no legal interest, or in excess of the amount legally due when paid for any program administered by the Division of Finance and Corporate Securities.

(2) Refunds exceeding $25 shall be made without a written request. If the refund owed is $25 or less, within 3 years of making the payment the person who paid the money or that person's legal representative must make a written request for the refund.

(3) Fees paid for an application that is subsequently withdrawn, abandoned, or denied shall not be refunded.

Stat. Auth.: ORS 59.285, 59.900, 192.845, 645.205, 646A.266, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625, 726.260
Stats. Implemented: ORS 293.445
Hist.: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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