justicedao/ipfs_state_laws huggingface dataset:
735-150-0080 Requirements for Issuing Trip Permits Designated dealers must comply with the following requirements when issuing trip permits: (1) Each copy of the trip permit must be completed with the following information: (a) Name, address, driver license number and state of issue of the person issued the permit. A recreational vehicle trip permit must only be issued to the owner of the vehicle listed on the permit. This information may not be displayed on the (window) copy of the permit; (b) If the applicant does not have a driver license or if the permit is issued to a business, nothing will be displayed on the purchaser's (window) copy of the permit to identify to whom the permit was issued. The name and address information is recorded on all other copies of the permit; (c) A complete vehicle description, including year, make, body style and identification number; (d) A written signature, including the full first and last name of the employee who issued the permit; (e) Dealer certificate number; (f) The effective date and expiration date of the permit; and (g) The applicant’s signature certifying: (A) The insurance company name and policy number for the motor vehicle; and (B) The motor vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered as long as the permit is valid. (2) Except as specified in section (3) of this rule, DMV's copy of the trip permit must be mailed or delivered to DMV within seven (7) days of the date the permit was issued. (3) Alteration of the effective date, ownership information or vehicle description will automatically void a trip permit. When a trip permit is voided for any reason, the purchaser's (window) copy and DMV's copy of the permit and a written explanation about why the permit was voided must be mailed or delivered to DMV on the date the permit is voided. A refund of the prepaid permit fee will be made if DMV is satisfied that the permit was properly voided and not used for operation of the vehicle. If either copy of the permit is unavailable for submitting to DMV, the explanation must state why the copy is unavailable. (4) The remaining (issuer’s) copy of the trip permit must be retained by the dealer. (5) Trip permits (or books of permits) may not be loaned to another dealer or individual or issued for vehicles sold by another dealer or individual. (6) Unused trip permits may be returned to DMV for a refund of fees paid. Statutory/Other Authority: ORS 184.619, 802.010 & 803.600 Statutes/Other Implemented: ORS 803.600, 803.601, 803.602, 803.605, 803.610, 803.615, 803.625, 803.630, 803.635, 803.640, 803.645 & 803.650 History: DMV 31-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 7-2005, f. & cert. ef. 2-16-05 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 8-2002, f. & cert. ef. 4-12-02 DMV 28-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 DMV 10-1998, f. & cert. ef. 8-20-98 MV 13-1991, f. 9-18-91, cert. ef. 9-29-91 MV 2-1989, f. & cert. ef. 1-3-89 MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0215
735-150-0105 Late Renewal of Dealer Certificate (1) An application to renew a dealer certificate will not be considered late if the dealer submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with all applicable fees and a surety bond in effect during that 15-day period. (2) An application to renew a dealer certificate is late, and subject to the late payment charge under ORS 822.700(6), if the dealer submits: (a) An application not later than 45 days after the previous certificate expired and the application is submitted with all applicable fees; and (b) A surety bond in effect during that 45-day period. (3) A dealer who continues business operations 45 days after their certificate has expired is in violation of ORS 822.005 and is subject to civil penalties under OAR 735-150-0170. (4) Except for the late payment fee under ORS 822.700, DMV may waive or reduce a penalty described under this rule if the dealer provides DMV with written documentation that shows mitigating circumstances prevented the dealer from renewing their certificate on time. Mitigating circumstances DMV may consider include: (a) The dealer took action to renew the certificate on a date reasonably calculated to complete the process in a timely manner; and (b) The delay in renewal was due to circumstances beyond the dealer’s ability to control. Statutory/Other Authority: ORS 183.430, 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080, 822.005 - 822.080 & 822.700 Statutes/Other Implemented: ORS 822.020 & 822.700 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14 DMV 20-2004, f. & cert. ef. 8-20-04 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
735-150-0130 Civil Penalty Consideration; Certified Vehicle Dealers (1) A dealer, who violates any provision of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers, the operation of a vehicle dealership, providing brokerage services or vehicle title and registration, may incur, in addition to any other penalty or sanction provided by law, a civil penalty in an amount of not more than $1,000 for each violation. (2) DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount, DMV may use the schedule set forth in OAR 735-150-0140 as a guideline and may consider the following: (a) The severity of the violation or its impact on the public; (b) The number of similar or related violations; (c) Whether a violation was willful or intentional; (d) The prior history of all civil penalties and sanctions imposed by DMV against the dealer or principals of the dealership; (e) The number of violations compared to the volume of transactions at the dealership; or (f) Other circumstances determined by DMV to be applicable to the particular violation. (3) If DMV and a dealer enter into settlement discussions, DMV may review the criteria in section (2) of this rule and do any or all of the following: (a) Impose a sanction as provided in OAR 735-150-0120; (b) Waive or modify the civil penalty amount; or (c) Require that the dealer attend specialized training. (4) DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate. Statutory/Other Authority: ORS 184.619, 802.010 & 822.035 Statutes/Other Implemented: ORS 183.430, 822.009, 822.045 & 822.050 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 9-2017, f. & cert. ef. 5-25-17 DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 8-2000, f. & cert. ef. 8-10-00 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93 MV 22-1991, f. 9-27-91, cert. ef. 9-29-91
735-150-0160 Civil Penalty Considerations; Acting as a Dealer Without a Certificate Any person not issued a vehicle dealer certificate under ORS 822.020, who violates ORS 822.005(1) or any DMV rule relating to the sale of vehicles, will incur, in addition to any other penalty provided by law, a civil penalty not to exceed $5,000 for each vehicle: (1) DMV will assess penalties in accordance with the schedule set forth in OAR 735-150-0170. (2) DMV may evaluate the appropriateness of the amount of a civil penalty assessed in individual cases during settlement discussions and may agree to payment of an amount other than originally assessed. In making such an evaluation, DMV may consider: (a) The severity of the violation or its impact on the public; (b) The number of similar or related violations; (c) Whether the violations were willful or intentional; and (d) Any other consideration DMV deems appropriate. (3) DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 822.005 & 822.009 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 9-2017, f. & cert. ef. 5-25-17 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 2-2002, f. & cert. ef. 2-15-02 DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 DMV 6-1994, f. & cert. ef. 7-21-94 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93 MV 22-1991, f. 9-27-91, cert. ef. 9-29-91
735-150-0170 Schedule of Violation Penalties, Unlicensed Dealer (1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a vehicle dealer without a current dealer certificate, including a dealer who sells a vehicle while the dealer’s certificate is expired, suspended, cancelled, or revoked. (2) This schedule does not apply to a person or dealer exempt from dealer certification requirements pursuant to ORS 822.015. (3) Civil penalties under this schedule are assessed as follows: (a) For the first offense: $2,500 per vehicle; (b) For the second and subsequent offenses: $5,000 per vehicle. (4) DMV may reduce a civil penalty assessed under subsection (3)(a) of this rule if: (a) The person or dealer files with DMV a completed dealer application that meets Oregon requirements for licensure within 30 days of the date of notice of imposition of civil penalty for acting as an unlicensed dealer; or (b) A hearing is requested and held in accordance with ORS Chapter 183, and within 30 days of issuance of a final order upholding the penalty, the person files with DMV a completed dealer application that meets Oregon requirements for licensure. (5) In addition to any other outstanding requirements, DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate. Statutory/Other Authority: ORS 184.619, 802.010 & 822.020 Statutes/Other Implemented: ORS 822.009 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 2-2002, f. & cert. ef. 2-15-02 DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 DMV 10-1998, f. & cert. ef. 8-20-98 DMV 6-1994, f. & cert. ef. 7-21-94 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93 MV 22-1991, f. 9-27-91, cert. ef. 9-29-91
735-150-0190 Contested Case Hearings and Disposition (1) The Business Regulation Section of DMV may, in accordance with ORS 183.417(3), make an informal disposition of any contested case prior to the conclusion of any hearing, resulting from a sanction or civil penalty assessed under OAR chapter 735, division 150. This disposition may include a stipulation, agreed settlement, consent order or default order. (2) An informal disposition by stipulation, agreed settlement or consent order must be in writing, signed by any party to the contested case and incorporated into the final order. (3) The administrative law judge presiding at a contested case hearing may not adjust the amount of a civil penalty imposed by DMV under OAR 735-150-0130 or 735-150-0160. Statutory/Other Authority: ORS 183.430, 184.616, 184.619, 802.010 & 803.625 Statutes/Other Implemented: ORS 183.417 & 822.005 - 822.080 History: DMV 20-2004, f. & cert. ef. 8-20-04 Reverted to DMV 8-2000, f. & cert. ef. 8-10-00 DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 DMV 8-2000, f. & cert. ef. 8-10-00 DMV 10-1998, f. & cert. ef. 8-20-98 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93 MV 9-1992, f. & cert. ef. 8-17-92 MV 22-1991, f. 9-27-91, cert. ef. 9-29-91
735-150-0205 Liquidation of Dealer Inventory Upon Closure of Dealership (1) Upon the closure of any vehicle dealership, a dealer, or former dealer: (a) Must immediately provide DMV Business Regulation Section a complete inventory of all vehicles in possession of the dealer, or former dealer, at the time of closure. The inventory must be in writing and must include, a description of each vehicle including; vehicle identification number, vehicle make, model and year. The inventory list must be submitted with a written plan to DMV to liquidate the vehicles and a proposed time frame in which to do so; and (b) Is strictly prohibited from adding to, or making a sale from the inventory in anyway other than as described in subsection (2) of this rule. (2) Upon the written approval of the DMV Business Regulation Section, all vehicles listed as inventory under section (1) of this rule must be liquidated by one of the following means: (a) The wholesale of the vehicles to another certified dealer, or by consignment to a certified auto auction authorized to wholesale vehicles to other dealers; or (b) Titling a limited number of vehicles in the name of the former dealer, subject to the requirements of ORS 822.015; or (c) Any combination of (a) or (b). (3) A dealer or former dealer described under this rule must maintain a record of all vehicles that are liquidated including: (a) The date and specific method(s), as described under section (2) of this rule, used to liquidate each vehicle; (b) If a vehicle is liquidated to another dealer, or certified auto auction, the name, certificate number and address of each dealer or auction to whom the vehicle was liquidated; and (c) A description of each vehicle including, the vehicle identification number, make, model and year. (d) This section also applies to inventoried vehicles that are not liquidated because they are subject to flooring agreements and have, or will be returned or surrendered to the financial institution or manufacturer holding an inventory financing security interest. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.035 Statutes/Other Implemented: ORS 822.035 History: DMV 20-2004, f. & cert. ef. 8-20-04
735-150-0260 Civil Penalty Consideration, Lien Claimant Records (1) In addition to any other penalty or sanction provided by law, a lien claimant who violates any provision of ORS 822.093 or OAR 735-150-0250 relating to lien claimant records may incur a civil penalty in an amount not to exceed $1,000 for each violation. DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount DMV may use the schedule set forth in section (2) of this rule as a guideline and may consider the following criteria: (a) The severity of the violation or its impact on the public; (b) The number of similar or related violations; (c) Whether the violations were willful or intentional; (d) The prior history of penalties imposed by DMV against the lien claimant; (e) The number of violations compared to the volume of transactions by the lien claimant; or (f) Other circumstances determined by DMV to be applicable to the particular violation. (2) Pursuant to ORS 822.093, DMV may impose a civil penalty for failure to comply with any provision of OAR 735-150-0250, concerning lien claimant records: (a) For first offense: warning; (b) For second offense: $250; (c) For third offense: $500; (d) For fourth and subsequent offense: $1,000. (3) Prior to the issuance of a final order, DMV may reassess the civil penalty amount and may agree to payment of an amount less than that assessed in the Notice of Imposition of Civil Penalty, after review of: (a) The criteria listed in section (1) of this rule; and (b) Any explanatory information provided to DMV. Statutory/Other Authority: ORS 184.619, 803.097, 822.035, 822.042 & 822.093 Statutes/Other Implemented: ORS 87.152, 87.162, 87.166, 87.172, 87.176 - 206, 90.425, 90.675, 98.805, 98.810, 98.812, 98.818, 98.830, 803.097, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160, 819.230, 822.035, 822.042, 822.045 & 822.093 History: DMV 4-2019, minor correction filed 01/30/2019, effective 01/30/2019 DMV 10-2004, f. 5-24-04, cert. ef. 6-1-04 DMV 26-2003(Temp), f. & cert. ef. 12-15-03 thru 6-11-04
735-152-0007 Fire Inspection Report (1) A dismantler is required to submit a copy of a local fire inspector’s written report based on an inspection of the dismantler’s approved business premises as shown in DMV records, no later than 90 days after the date DMV issues an initial dismantler certificate or an initial dismantler certificate to operate a supplemental business location. The inspection upon which the report is based must have been conducted on or after the date DMV issues the dismantler certificate. The dismantler must submit an inspection report for each approved business location shown in DMV records. (2) A dismantler who renews a previously issued dismantler certificate is required to submit a copy of a local fire inspector’s written report based on an inspection of the dismantler’s approved business premises as shown in DMV records, within 90 days of the date DMV issues the renewed dismantler certificate or renewed dismantler certificate to operate a supplemental business location. The inspection upon which the report is based must have been conducted within 90 calendar days immediately prior to, or following, the issuance date of the renewed dismantler certificate. The dismantler must submit an inspection report for each approved business location shown in DMV records. (3) A fire inspection report previously submitted to DMV by a dismantler may not be resubmitted to meet the requirements for a different yearly inspection. Statutory/Other Authority: ORS 184.619, 802.010 & 822.133 Statutes/Other Implemented: ORS 822.133 History: DMV 33-2021, adopt filed 11/23/2021, effective 11/23/2021
735-152-0010 Investigation of Dismantler Applications (1) DMV may investigate applications for an original or renewal of a dismantler certificate to determine whether the information contained in the application is accurate and complete, and will do so whenever DMV has reason to believe the application is not accurate. (2) DMV will investigate each application for an original or renewal of a dismantler certificate to determine if any of the principals of the applicant are or have been financially or operationally involved with any other vehicle business whose certificate or right to apply for a certificate is or has been on probation, suspended, canceled or revoked. (3) DMV may investigate any principal of the applicant to determine whether the principal: (a) Has been convicted of a violation of any provision of ORS Chapter 822 within the five years preceding the date of the application; (b) Has been convicted in any jurisdiction outside of the state of Oregon of any violation of that jurisdiction's statutes relating to vehicle businesses, vehicle registration, title transfers or stolen vehicles within the five years preceding the date of the application; or (c) Is currently subject to any type of administrative action relating to vehicle businesses, vehicle registration, title transfers or stolen vehicles in a jurisdiction outside of the state of Oregon. Statutory/Other Authority: ORS 802.010, 822.115, 822.125, 822.130 & Ch. 654 & OL 2005 Statutes/Other Implemented: ORS 822.115 - 822.125, Ch. 654 & OL 2005 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06 MV 10-1991, f. & cert. ef. 8-20-91
735-152-0025 Dismantler Business Location Regulations (1) Each dismantler business location must: (a) Comply with the building, enclosure or barrier requirements under ORS 822.135(1) and OAR 734-040-0030; (b) Provide a means for the public to contact the dismantler or an employee of the dismantler at all times during the dismantler's normal business hours; (c) Display an exterior sign, permanently affixed to the land or a building, that identifies the dismantler business by the name printed on the dismantler certificate, with letters clearly visible to the major avenue of traffic; and (d) Display, in a publicly accessible and conspicuous manner, the dismantler certificate. (2) A dismantler must have a certificate or supplemental certificate on display for each location where the dismantler displays vehicles and component parts. A dismantler who uses a supplemental place of business must have a supplemental certificate from DMV before business can be conducted at the supplemental location. (3) As required by ORS 822.133(2), if the dismantler takes possession of a wrecked vehicle without an ownership record or salvage title, the vehicle may remain on the business premises if it is: (a) Confined to an area of the business location that is clearly off-limits to customers for purposes of buying or selling a vehicle or component part; or (b) Tagged with a “not for sale” notice that is clearly and conspicuously posted on the vehicle in plain view of customers and legible at a distance of 20 feet or more. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.100 – 822.150 Statutes/Other Implemented: ORS 822.100 – 822.150 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-152-0031 Dismantler Records (1) As required by ORS 822.135, 822.137 and this rule, motor vehicle dismantlers must maintain records on each motor vehicle or major component part acquired and taken into the inventory of the dismantler’s business. Records must be retained at the dismantler’s business location for a period of three years from the date of acquisition. Records must include the following: (a) For a motor vehicle: (A) If last titled in Oregon, the Oregon title number, or if the title is not available a copy of the vehicle ownership document; (B) If last titled in another jurisdiction, a copy of the out-of-state title or ownership document; (C) If available, the registration plate number and the name of the jurisdiction where the vehicle was last registered; (D) The year, make and model; (E) The vehicle identification number; (F) The date the vehicle was acquired as defined in OAR 735-152-0000; (G) The vehicle, stock or yard number assigned to the vehicle by the dismantler; and (H) Any other information required by DMV. (b) A description of a major component part that identifies the part, including: (A) The physical characteristics of the part; (B) The stock or yard number assigned to the part by the dismantler; (C) The vehicle identification number of the motor vehicle from which the part came; (D) Transaction documents regarding the sale or disposal of a catalytic converter, including documents that show the transaction date, dollar amount, stock or yard number assigned to the catalytic converter and the signatures of buyer and seller; and (E) Any other information required by DMV. (2) Dismantler records subject to this rule must be maintained in a manner that allows for timely retrieval of any record requested by DMV or a police officer for inspection. The dismantler may maintain original records or an exact copy of the original records in hard copy, on film, or electronically. If first approved by DMV, an exact copy of the dismantler’s original records may be stored in some other manner. DMV or a police officer may require that any record printed or completed in a language other than English be accompanied by a copy translated into English. (3) DMV may inspect dismantler records including books, contracts, documents, letters and records of any type, including electronic and paper records, of any certified dismantler when DMV is investigating a potential violation of Oregon Vehicle Code or DMV rule. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 822.130, 822.135 & 822.137 History: DMV 32-2021, amend filed 11/23/2021, effective 11/23/2021 DMV 9-2017, f. & cert. ef. 5-25-17 DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06