Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Definitions: For purposes of this rule:
(a)
"Department" is defined as Oregon Department of Justice;
(b) "Consumer Contract" is defined in ORS
180.540(3) and
does not include contracts which state agencies other than the Department may
review under 180.540(2);
(c) "Reasonable Fees" includes the prevailing
billing rate which the Department has established in OAR
137-008-0010.
(2)
Application: Any seller or extender of credit may submit a consumer contract to
the Department by:
(a) Completing an
application for review. The application may be obtained by calling or writing
the Financial Fraud Section, 100 Justice Building, Salem, OR 97310, (503)
378-4732;
(b) Including a $250 fee
for each contract to be reviewed, and such additional "reasonable fees" as the
Department determines is necessary to review the contract;
(c) Submitting three copies of the contract
to be reviewed;
(d) Underlining in
red any words, phrases or provisions which are specifically required,
recommended or endorsed by a state or federal statute, rule or
regulation.
(3) Review:
After a contract is submitted the Department will:
(a) Return the contract and the fee if the
Department determines that the contract submitted for review is not a consumer
contract; or
(b) Certify the
consumer contract meets Oregon Plain Language guidelines if it meets the
standards set forth in ORS
180.540, et seq.;
(c) Inform the person submitting the contract
that the contract does not comply with Oregon's Plain Language Standard. The
Department shall provide a brief explanation of its determination. The
explanation need not include every reason for non-compliance and corrections of
each stated deficiency will not assure compliance;
(d) Return any fees charged over and above
the initial $250 filing fee to the extent the fee exceeded the cost of
review.
(4)
Certification: Certification of a consumer contract under this rule is not an
approval of the contract's legality or legal effect. The fact that a consumer
contract has been certified or not certified shall not be admissible in any
action to interpret or enforce a contract or any term of a contract.
(5) No person may use a contract which
represents it meets Oregon's Plain Language guidelines unless the person has
received certification of the contract pursuant to this rule.
(6) Any oral or written reference to the
Department's certification must be accompanied by the following statement:
The Department of Justice Certification of a contract under the Plain
Language Contract Act is not an approval of the contract's legality or legal
effect.
Stat. Auth.: ORS
180.540, ORS
183.310 - ORS
183.550 & ORS 646
Stats. Implemented: ORS
180.540, ORS
180.545 & ORS
180.555
