Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0027 - Refusal to Issue or Renew Vehicle Dealer Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV will not issue or renew a vehicle
			 dealer certificate to an applicant who submits an application that is
			 incomplete or contains false information.
(2) DMV will not issue or renew a vehicle
			 dealer certificate to an applicant when it determines a principal of the
			 applicant dealer is financially or operationally involved with any dealership
			 whose certificate or right to apply for a certificate is currently suspended,
			 canceled or revoked. Additionally, DMV will not issue an original or renewal
			 vehicle dealer certificate to any applicant when it determines a principal of
			 the applicant dealer was within one (1) year of the date of the application
			 financially or operationally involved with any dealership whose certificate or
			 right to apply for a certificate is currently suspended, canceled or
			 revoked.
(3) DMV will issue or
			 renew a vehicle dealer certificate on a probationary basis when it determines a
			 principal of the applicant dealer is financially or operationally involved with
			 any other dealer whose certificate or right to apply for a certificate is
			 currently on probation. The probationary status of the new certificate will
			 expire and attain regular status on the same date the probation period ends for
			 the other dealership.
(4) As
			 provided in ORS 822.035(8) and
			 (9), DMV will not issue a vehicle dealer
			 certificate under 822.020 to an applicant who has been issued a similar
			 certificate from another jurisdiction that has been revoked or is currently
			 suspended unless the applicant possesses a current, valid vehicle dealer
			 certificate issued under 822.020. Nothing in this section precludes a vehicle
			 dealer who holds a current, valid vehicle dealer certificate issued under
			 822.020 from obtaining or renewing a vehicle dealer certificate under 822.020
			 or a supplemental certificate under 822.040.
(5) DMV will not issue an original or renewal
			 vehicle dealer certificate until such time as it is satisfied the applicant
			 meets all requirements for issuance of a certificate found in ORS Chapter 822
			 and OAR chapter 735, division 150.
(6) DMV will not issue or renew a vehicle
			 dealer certificate to an applicant whose business name is identical to or
			 indistinguishable from an existing dealer name. DMV may consider geographic
			 location and other factors at its discretion when determining the ability to
			 distinguish between two similarly named dealerships.
(7) When DMV refuses to issue a vehicle
			 dealer certificate, DMV will retain the fees submitted with the application to
			 cover the cost of processing the application.
(8) An applicant who has been refused
			 issuance of a vehicle dealer certificate is entitled to a contested case
			 hearing as provided in the Oregon Administrative Procedures Act under ORS
			 183.413 to
			 183.500.
(9) The refused applicant's request for a
			 hearing must be submitted in writing to and received by DMV within 60 days of
			 the date of the refusal. A hearing request received in a timely manner will not
			 result in issuance of a certificate, pending the outcome of the hearing. In the
			 case of a refusal to renew, the dealer may continue to operate under the old
			 certificate in accordance with ORS
			 183.430(1),
			 pending the outcome of the hearing, except when the agency finds that such
			 continued operation would constitute a serious danger to the public health or
			 safety and extends the hearing request period to 90 days in accordance with ORS
			 183.430(2).
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  822.035 &
				  822.050
Statutes/Other Implemented: ORS
				  822.050