750-040-0008 Administration and Implementation of ORS 98.856 (1) A tower must provide proof of payment for all payments or monies received. (a) A receipt for payment received at the origin of the tow or drop off of a towed vehicle must be provided to the vehicle owner, owner or person making payment and disclose: (b) The tower's business name and contact information. (c) The amount due. (d) The amount paid and form of payment. (e) A brief description of the service(s) provided in exchange for payment. (f) Exact change due, if any. (g) Date and time of the payment. (h) A separate receipt does not need to be provided if the tower provides an itemized statement at the time of payment. (i) The tower must provide an itemized statement in addition to the receipt when a receipt does not itemize the charges for services paid. (2) Once the tower has custody or control of a vehicle, the tower shall prepare an itemized statement disclosing: (a) The reason for the tow. (b) Who authorized the tow. (c) The address or location of the origin of the tow. (d) The date of the tow. (e) Itemization of the services provided or charges incurred as a result of the towing event. (f) Exact change due, if any. (g) Date of payment. (h) A tower must provide the itemized statement disclosing all invoiced charges: (A) Upon request of the vehicle owner or operator and (B) At the time of payment for release of the vehicle. (C) A tower may not delay release of the vehicle for the purposes of preparing an itemized statement or other requested documents. (3) A tower may not charge a rate or fee not disclosed on the written statement required under ORS 98.856 (1) without the prior consent of the vehicle owner or operator. (4) A tower may not charge for services not rendered or provided. (5) Rates, fees and charges on the written statement required under ORS 98.856 (1) or disclosed on an itemized statement and charged to a vehicle owner or other person in lawful possession must comply with federal, state, and local regulations including, but not limited to, regulations related to credit card fees, collection fees. (6) A tower may not misrepresent law enforcement or other government fees on a written statement or invoice. (7) For the purposes of implementation of ORS 822.265, 822.280, 822.290, ORS 822.995 and other statutes assigned to the Board to administer, the Board adopts ORS 98.812 (2) which requires: “A tower is entitled to a lien on a towed vehicle and its contents for the tower’s just and reasonable charges and may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towage, care and storage, subject to subsection (3) of this section, of the towed vehicle have been paid if the tower notifies the local law enforcement agency of the location of the towed vehicle within one hour after the towed vehicle is placed in storage.” (8) A tower may legally assess charges against a towed vehicle identified in the written statement required under ORS 98.856 when a tower can demonstrate compliance with the notice of lien requirements of ORS 98.812, 819.160, and other applicable laws or regulations. (9) A notice or other lien document is a transactional document demonstrating compliance with Oregon's laws and rules. If a notice of lien fee is itemized on the invoice or statement or invoiced for payment the tower is required to provide, upon request of the vehicle owner: (a) A copy of the notice of lien unless previously mailed to the vehicle owner's current mailing address or (b) A copy of the assignment of the account to a lien service, showing the date the lien was assigned, is sufficient if a copy of the lien has not been provided to the tower. (10) Providing inaccurate, false, or misleading information on a notice of lien or possessory lien form, or making a false affirmation on a form, may be a violation of ORS 822.605, subject to investigation and disciplinary action by the Board. Statutory/Other Authority: ORS 822.265, ORS 98.812, ORS 98.853, ORS 98.854, ORS 98.856, ORS 98.857, ORS 822.605 & ORS 822.995 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2025, adopt filed 12/31/2025, effective 01/01/2026