Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0110 - Dealer Offenses Subject to Civil Penalty or Sanction

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other penalties provided by law, a dealer
				will be subject to the civil penalties or sanctions in OAR
				735-150-0120 to
				735-150-0140 if the
				dealer:
(1) Allows or assists a person
			 who is not an employee of the dealer to imply or represent an affiliation with
			 the vehicle dealership in order to engage in any activity pursuant to ORS
			 822.005.
(2) Fails to submit all taxes or fees due
			 this state or another jurisdiction in connection with the sale or transfer of a
			 vehicle.
(3) Signs a name or allows
			 any other person to sign a name of the owner, security interest holder, or
			 lessor on a certificate of title, salvage title or any motor vehicle document
			 used by DMV in the transfer of title without first obtaining a properly signed
			 Power of Attorney. This section does not apply to a dealer who as an owner,
			 security interest holder or lessor signs their own name on a certificate of
			 title, salvage title or any motor vehicle document used by DMV in the transfer
			 of title.
(4) Purchases, sells,
			 disposes of or has in the dealer's possession, any vehicle that the dealer
			 knows or with reasonable diligence should have known has been stolen or
			 appropriated without the consent of the owner.
(5) Fails to comply with state or federal
			 laws, rules or regulations pertaining to the construction or safety of motor
			 homes, trailers or campers.
(6)
			 Buys, sells, receives, disposes of, conceals or has in the dealer's possession
			 any vehicle or component from which an identification number has been removed,
			 defaced, covered, altered or destroyed for the purpose of concealing or
			 misrepresenting the identity of the vehicle.
(7) Violates any provision of state or
			 federal law, rule or regulation concerning odometer tampering, repair, readings
			 or notices.
(8) Prints or produces
			 or causes to be printed or produced any certificate of title or certificate of
			 registration without authority, or holds or uses any such certificate or
			 assignment knowing that it has been printed or purchased without
			 authority.
(9) Commits any offense
			 specified in ORS 822.045.
(10) Acts as a vehicle dealer anytime between
			 the day DMV receives notice of cancellation of bond or insurance and the day
			 the vehicle dealer presents proof to DMV of another bond or certificate of
			 insurance.
(11) Issues a temporary
			 registration permit to a person not domiciled in Oregon or who is otherwise not
			 subject to or eligible for Oregon registration.
(12) Fails to notify DMV on a form or in a
			 format approved by DMV within seven (7) calendar days of receipt of a vehicle
			 in inventory, that a vehicle has been transferred to the dealer.
(13) Fails to immediately remove registration
			 plates from vehicles registered in other jurisdictions that are in the dealer's
			 inventory. The dealer may retain the plates until the vehicle is
			 sold.
(14) Fails to destroy
			 registration plates removed from vehicles registered in other jurisdictions at
			 the time of sale if the vehicle is to be titled in Oregon or in a jurisdiction
			 other than that in which the vehicle was previously registered. If the vehicle
			 will be re-registered in the former jurisdiction, the plates may be placed back
			 on the vehicle following the sale.
(15) Completes or allows an employee to
			 complete a DMV Vehicle Identification Number (VIN) Inspection form without
			 physically inspecting the vehicle for its vehicle identification
			 number.
(16) Sells a vehicle of a
			 type not authorized by the dealer's certificate.
(17) Fails to comply with any provision of
			 ORS 822.060 through
			 822.065 concerning consignment
			 sales.
(18) Fails to comply with
			 any provision of ORS 822.040(4) or
			 OAR 735-150-0033 concerning the
			 display of a vehicle at a location other than the dealer's place of business
			 for the purpose of advertising.
(19) Provides brokerage services and fails:
(a) To provide the written disclosure
			 described in ORS 822.047(2);
(b) To provide the written statement
			 described in ORS 822.047(3);
			 or
(c) To comply with the
			 requirements for broker fees described in ORS
			 822.047(4).