(2) If the director determines in an examination of a banking institution that the banking institution does not keep books and accounts in such a manner as to enable the director to readily ascertain the true condition of the banking institution, the director may require any officer of the banking institution to open and keep books or accounts as the director prescribes.
(3) If a banking institution fails to open and keep the books and accounts that the director prescribes, the director shall send written notice to the banking institution of intent to assess and collect the penalty under this subsection. For each day the banking institution fails to open and keep the books and accounts after receiving notice from the director, the banking institution is subject to a penalty of $1,000. The banking institution shall pay the penalty when the banking institution receives a notice and demand for the amount of the penalty from the director. If the banking institution delays or refuses to pay the penalty upon the director’s demand, the Attorney General shall bring an action in the director’s name to recover the penalty. All sums collected for penalties imposed by this section must be paid into the Consumer and Business Services Fund created by ORS 705.145. [Amended by 1973 c.797 §30; 1985 c.762 §31; 1987 c.373 §50; 1997 c.631 §8; 2015 c.244 §9]