Haeger v. Johnson

The Attorney General, through the Consumer Protection Division of the Department of Justice, served an investigative demand pursuant to ORS REF646.618/REF on petitioner, division manager of Public Finance Corporation, ordering him to appear and testify in connection with an investigation of alleged unlawful business practices. ORS REF646.608(1)(k)./REF Petitioner filed a petition to set aside the investigative demand on the ground that (1) his employer was not subject to the provisions of ORS REF646.608/REF because it is not engaged in the sale of goods and services and (2) his employer is exempt from those provisions because it is supervised by the state Superintendent of Banks and because of the regulatory provisions of the Federal Consumer Credit Protection Act, 15 USC § 1601 et seq (1970), which operate to preempt Oregon law in this field. The trial court entered judgment for petitioner setting aside the investigative demand. The Attorney General appeals.