If you need clarification on how a particular statute or rule applies to your operations and circumstances, you need to make a written request for an opinion or interpretation from DCBS. The state cannot give you legal advice as to whether you need to be registered or licensed, nor what program regulates your conduct. You need to fully understand your operations and use the resources available, including laws and administrative rules. You may want to consult legal counsel about your business activities.
If you do request an opinion or interpretation, the department will base its response only on the facts you present. The Division of Financial Regulation limits answers to opinions or interpretations to whether further action would be required against the requestor in that fact situation. The division may also decline to take further action. The division may also decline to answer a request for various reasons, including in which the question involves a court case, if the requestor already acted, or if significant additional research is required.
If you are not satisfied with the result of an opinion or interpretation, which is our guidance to you based on your situation and the information you bave presented, you can petition the division for a declaratory ruling. This would be a decision by the division that is legally binding on a particular set of facts. For more information about this process, consult your legal counsel.
Requests for opinions or interpretations should be mailed or faxed to:
The Division of Financial Regulation
c/o Alex Cheng
350 Winter St. NE #410
PO Box 14480
Salem, OR 97301
Resources on opinions or interpretations
OAR 441-001-0040 — Requests for Opinions and Interpretations (Division of Finance and Corporate Securities)
ORS 183.410 — Declaratory Rulings
OAR 137-002-0010 to 137-002-0060 — Model Rules of Procedure for Declaratory Rulings