Title 180 · ORS Chapter 180
180.545. ����� (2) Every state agency shall cooperate with the Department of Justice in carrying out its functions under this section. ����� (3) To assist in carrying out chapter 753, Oregon Laws 19
Citation: ORS 180.545
Section: 180.545
180.545.
����� (2) Every state agency shall cooperate with the Department of Justice in carrying out its functions under this section.
����� (3) To assist in carrying out chapter 753, Oregon Laws 1971, there is created in the department a Consumer Advisory Council.
����� (a) The Consumer Advisory Council shall consist of seven members appointed by the Attorney General, two of whom shall represent business, two of whom shall represent labor, and three of whom shall represent voluntary consumer agencies.
����� (b) The members of the council shall be entitled to compensation and expenses computed as provided in ORS 292.495.
����� (c) All meetings of the council shall be open and public and all persons shall be permitted to attend any meeting of the council. [1981 c.320 �3; 1985 c.587 ��5,8; 1993 c.744 �40]
����� Note: 180.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Plain Language Review of Consumer Contracts)
����� 180.540 Review of consumer contracts for conformity with plain language standards. (1) Except as provided in subsection (2) of this section, a seller or extender of credit may submit to the Department of Justice a consumer contract issued by the seller or extender of credit for the purpose of obtaining review of the consumer contract for the consumer contract�s compliance with plain language standards in ORS 180.545.
����� (2) For the purpose of obtaining a review of a consumer contract for the consumer contract�s compliance with plain language standards in ORS 180.545, if a consumer contract:
����� (a) Is an insurance policy, the seller or extender of credit issuing the policy may submit the policy to the Director of the Department of Consumer and Business Services.
����� (b) Is an agreement for a loan or other extension of credit in which the extender of credit is an insured institution, as defined in ORS 706.008, the extender of credit under the agreement may submit the agreement to the Director of the Department of Consumer and Business Services.
����� (c) Is an agreement for a loan or other extension of credit in which the extender of credit is a credit union, as that term is defined in ORS 723.006, or a licensee under ORS chapter 725, the extender of credit under the agreement may submit the agreement to the Director of the Department of Consumer and Business Services.
����� (3) For purposes of this section, a consumer contract is a written contract made in the course of a consumer transaction to the value of $50,000, excluding interest or finance charges, in which the contract involves any of the following, primarily for personal, family or household use:
����� (a) Real estate, goods or services as defined in ORS 646.605.
����� (b) Any extension of credit, including the lending of money. [1985 c.587 ��1,6,9; 1997 c.631 �421; 2009 c.541 �5]
����� Note: 180.540 to 180.555 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 180.545 Plain language standards; approval; fees. (1) The agency to whom a consumer contract is submitted under ORS 180.540 shall review the contract to determine whether it complies with plain language standards. A consumer contract complies with plain language standards if it:
����� (a) Uses words that convey meanings clearly and directly;
����� (b) Uses the present tense and active voice whenever possible;
����� (c) Primarily uses simple sentences;
����� (d) Defines only those words that cannot be properly explained or qualified in the text;
����� (e) Explains at the beginning that the form is a contract between parties;
����� (f) Uses margins adequate for ease in reading; and
����� (g) Uses frequent section headings, in a narrative format, to help locate provisions.
����� (2) If the agency determines that the consumer contract complies with the standards in subsection (1) of this section, the agency shall certify to that effect to the seller or extender of credit who submitted the contract for review.
����� (3) An agency reviewing contracts under this section shall charge a reasonable fee for reviewing each consumer contract. The agency may require payment of the fee when the contract is submitted for review. Fees received under this section shall be disposed of as follows:
����� (a) Fees received by the Department of Justice shall be credited to the Department of Justice Operating Account.
����� (b) Fees received by the Director of the Department of Consumer and Business Services shall be credited to the Consumer and Business Services Fund. [1985 c.587 ��2,7,10]
����� Note: See note under 180.540.
����� 180.550 Compliance statement. A seller or extender of credit may state the following on a consumer contract determined by the reviewing agency to comply with the plain language standards under ORS 180.545: �The form of this contract meets Oregon plain language guidelines.� [1985 c.587 �3]
Note: See note under 180.540.
����� 180.555 Exemptions; effect of certification; admissibility. (1) An agency need not review any consumer contract:
����� (a) For which a federal or state statute, rule or regulation prescribes standards of readability applicable to the entire contract.
����� (b) For which particular words, phrases, provisions or forms of agreement are specifically required, recommended or indorsed by a state or federal statute, rule or regulation.
����� (2) Certification of a consumer contract under ORS 180.545 is not an approval of the contract�s legality or legal effect. The fact that a consumer contract has been certified or not shall not be admissible in any action to interpret or enforce the contract or any term of contract. [1985 c.587 �4]
����� Note: See note under 180.540.
(Investigation of Organized Crime)
����� 180.600 Definitions. As used in ORS 180.600 to 180.630:
����� (1) �Department� means the state Department of Justice.
����� (2) �Organized crime� means any combination or conspiracy of two or more persons to engage in criminal activity as a significant source of income or livelihood, or to violate, aid or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, theft, abuse of controlled substances, illegal alcohol, cannabis or controlled substance distribution, counterfeiting, extortion or corruption of law enforcement officers or other public officers or employees. [1977 c.754 �1; 1979 c.744 �10; 2017 c.21 �49]
����� 180.610 Investigation of organized criminal activity; powers and duties of department. The Department of Justice shall:
����� (1) Provide all administrative, clerical, investigative and legal assistance required by ORS