CIVIL PENALTY STRUCTURE
Administrative Rule Adopted by Revenue Division Pursuant to Rule-Making Authority
ARB-LIC-12.06
The Revenue Bureau may impose civil penalties for each occurrence or substantial violation of PCC 7.26.
Upon investigation and determination that a violation has occurred, Payday lenders will be notified, in writing, of the violation and amount of civil penalty assessed. Civil Penalties will be issued per the following penalty structure:
Failure to Post Permit or Posters
1. First violation: Warning
2. Second violation: $1,000.00
3. Third violation: $1,500.00 for each occurrence
4. Fourth violation: $1,500.00 for each occurrence
Failure to renew or apply for a Permit
Failure to renew a permit within 30 days of the expiration date of the previous permit or to apply for a permit within 30 days of beginning business at a new or additional location will result in civil penalty:
1. All Violations: $1,500.00
Failure to investigate a complaint
1. All violations: $1,500.00
Failure to report complaint resolution to the Revenue Bureau
1. All violations: $1,500.00
Failure to cancel a Payday Loan per PCC 7.26
1. All violations: $1,500.00
Failure to provide a payment plan per PCC 7.26
1. All violations: $1,500.00
Failure to collect 25% of the principle prior to renewal
1. All violations: $1,500.00
Falsification of application or renewal form
1. All violations: $1,500.00
Providing false or misleading information to consumers
1. All violations: $1,500.00
Failure to comply with PCC 7.02 business license law
1. All violations: $1,500.00
Payday lenders who are found in violation will be sent a Notice of Violation by certified mail. The Notice will issue a warning or assess civil penalty. Payment of penalties is due 10 days from the date of the notice of violation and is to be made payable to the City of Portland. Payments of civil penalties are accepted using cash, check, or money order.
Failure to pay a civil penalty will result in assessment of additional civil penalties for operating without a payment. All violations will be recorded in the Revenue Bureau Payday Lender database.
HISTORY
Adopted by Director of Revenue Bureau as administrative rule #PL-6 on September 13, 2006.
Renumbered by Auditor's Office and filed for inclusion in PPD September 9, 2015.