Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0110 - Suspension, Revocation and Voluntary Relinquishment of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may deny an application for non-preference tow certification, or suspend or
			 revoke anon-preference tow certification if the Department determines the
			 applicant tow business or listed tow business has failed to comply with the
			 Oregon Revised Statutes.
(2) The
			 Department may deny an application for non-preference tow certification, or
			 suspend or revoke a non-preference tow certification if the Department
			 determines the applicant tow business or listed tow business has failed to
			 meet, or no longer complies with, the requirements for non-preference tow
			 certification as set forth in OAR 257-050-0020  through 257-050-0200.
(3) A listed tow business may voluntarily
			 relinquish its non-preference tow certification. A listed tow business which
			 voluntarily relinquishes certification must notify the Department in
			 writing.
(4) The Department may
			 disqualify a tow vehicle driver employed by a listed tow business if the
			 Department determines the driver has failed to comply with state or federal law
			 related to performance of the duties of a driver, laws related to provision of
			 tow services, or laws related to the use of a tow vehicle A tow vehicle driver
			 disqualified under this subsection may not participate in any tow business
			 operations relating to the non-preference tow program.
(5) The Department may disqualify a tow
			 vehicle driver from participation in non-preference tows if the Department
			 determines the driver has failed to comply with any requirement listed in OAR
			 257-050-0020  through 257-050-0200. A tow vehicle driver disqualified under this
			 subsection may not participate in any tow business operations relating to the
			 non-preference tow program.
(6) The
			 Department shall deny an application for non-preference tow certification or
			 revoke the certification of a listed tow business for any of the following:
(a) If a listed tow business, an applicant
			 tow business, or a manager or principle of a listed tow business has been
			 convicted of an Oregon felony offense, or an offense in another United States
			 court equivalent to an Oregon felony offense, within fifteen (15) years
			 preceding the date the application for non-preference tow certification is
			 received by the Department, or any time after non-preference tow certification
			 has been granted.
(b) If a listed
			 tow business, an applicant tow business, or a manager or principle of a listed
			 tow business or an applicant tow business has been convicted of two or more
			 felony offenses, or two or more offenses in another United States court that
			 are equivalent to two or more Oregon felony offenses.
(c) If a manager or principal has ever been
			 convicted of a person felony under OAR 213-003-0001(14)  or a sex crime as
			 defined in ORS 163A.005(5), or
			 an offense in another United States court that is the equivalent of an Oregon
			 person felony or a sex crime.