As used in ORS 650.005 to 650.100, unless the context requires otherwise: (1) “Area franchise” means a contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for a valuable consideration, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor. (2) […]
Every person who offers to sell a franchise in this state shall maintain a complete set of books, records and accounts of any such sale and the disposition of the proceeds thereof, and shall, at such times as the Director of the Department of Consumer and Business Services may require, file in the office of […]
(1) A sale or offer to sell a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. (2) […]
(1) Any person who sells a franchise is liable as provided in subsection (3) of this section to the franchisee if the seller: (a) Employs any device, scheme or artifice to defraud; or (b) Makes any untrue statement of a material fact or omits to state a material fact necessary in order to make the […]
In accordance with this section and ORS chapter 183, the Director of the Department of Consumer and Business Services may from time to time make, amend and rescind such rules as are necessary to carry out the provisions of ORS 650.005 to 650.100. [1973 c.509 §5]
The Director of the Department of Consumer and Business Services may: (1) Undertake the investigations, including investigations outside this state, that the director considers necessary to: (a) Determine whether a person: (A) Has failed to comply with ORS 650.010; (B) Has engaged in, is engaging in or is about to engage in an act or […]
(1) The Director of the Department of Consumer and Business Services shall serve an order under ORS 650.055 on the person named in the order. (2) An order issued under ORS 650.055 becomes effective upon service on the person named in the order. (3) ORS 183.413 to 183.470 apply to orders issued under ORS 650.055. […]
(1) For the purpose of any investigation or proceeding under ORS 650.005 to 650.100, the Director of the Department of Consumer and Business Services or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or […]
(1) Whenever the Director of the Department of Consumer and Business Services determines that any person has engaged in, or is about to engage in, any act or practice which the director believes would give rise to liability under ORS 650.020, the director may bring suit in the name of the State of Oregon in […]
Except as provided in ORS 650.080, the Director of the Department of Consumer and Business Services is an agent for the service of any process, notice or demand required to be served in a proceeding under ORS 650.005 to 650.100 for: (1) Every person who sells or offers to sell a franchise in this state; […]
(1) The service referred to in ORS 650.070 shall be made by: (a) Serving the Director of the Department of Consumer and Business Services or a clerk on duty at the Department of Consumer and Business Services a copy of the process, notice or demand, with any papers required by law to be delivered in […]
The method of service referred to in ORS 650.075 may not be used if personal service can be used. [1973 c.509 §11]
Nothing in ORS 650.005 to 650.100 limits any statutory or common-law rights of a person to bring an action in any court for an act involved in the sale of franchises, or the right of the state to punish a person for a violation of any law. [1973 c.509 §12]
(1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a civil penalty on a person for violation of a rule adopted under ORS 650.050 or an order issued under ORS 650.055. (2)(a) The director shall impose a civil penalty under […]
All penalties recovered under ORS 650.095 shall be paid into the State Treasury and credited to the General Fund and are available for general government expenses. [2005 c.339 §5]
