(1) If the Director of the Department of Consumer and Business Services determines that any person has engaged in, is engaging in or is about to engage in any act or practice constituting a violation of ORS § 717.200 to 717.320 or of any rule adopted or order issued under ORS § 717.200 to 717.320, the director may:

(a) Order the person to cease and desist from the unlawful act or practice; and

(b) Take any affirmative action as may be necessary to carry out the provisions of ORS § 717.200 to 717.320, including assessing the costs of any investigation.

(2) Except as provided in subsection (3) of this section, the director may not issue an order under this section without opportunity for a hearing in accordance with ORS Chapter 183.

(3) If required for the immediate protection of the public interest, the director may issue a cease and desist order without a hearing in accordance with ORS § 183.430 (2).

(4) A cease and desist order of the director under ORS § 717.200 to 717.320, 717.900 and 717.905 must state the grounds upon which the order is based and, except for a summary order issued in accordance with ORS § 183.430 (2), does not become effective for at least 20 days after written notice of the order has been sent by registered or certified mail to the person at the person’s principal place of business.

(5) Appeals from a cease and desist order of the director may be taken to the courts of this state as provided by ORS Chapter 183. [1999 c.571 § 20; 2005 c.338 § 23]