OAR 735-150-0005
Oregon Dealer Advisory Committee

(1)

The Oregon Dealer Advisory Committee is established pursuant to ORS 802.370 (Advisory committee on vehicle dealer regulation).

(2)

The committee’s membership will consist of the following individuals appointed by the DMV Administrator:

(a)

Two individuals who represent franchise dealers of new vehicles;

(b)

Two individuals who represent dealers of used vehicles;

(c)

Two individuals who represent Oregon dismantlers;

(d)

Two individuals who represent the interests of the general public;

(e)

One individual who represents recreational vehicle dealers;

(f)

One individual who represents vehicle dealership office management interests;

(g)

One individual who represents auto auctions;

(h)

One individual who represents Oregon towing businesses; and

(i)

One individual who represents dealers of motorcycles, mopeds, or all-terrain vehicles.

(j)

In addition to the committee membership described under subsections (a) through (i) of this section, membership may also include one individual, whose term of appointment and interest of representation is determined by the administrator.

(3)

DMV will designate one member listed in section (2) of this rule as chair of the committee. The chair’s term expires December 31 of each year.

(4)

Committee members serve up to a three-year term, at the pleasure of the administrator, and may be reappointed. Appointments are staggered to ensure committee continuity. All terms expire on December 31. In the event of a vacancy, the administrator will appoint a new committee member to serve the remaining term.

(5)

DMV will seek the recommendation of existing ODAC members or a trade or professional association generally recognized to represent a membership category before appointing a committee member, however, DMV is not bound by any recommendation.

(6)

Meetings will be held quarterly beginning in January of each year, unless a meeting is cancelled, postponed or rescheduled as agreed to by DMV and a majority of the committee members. A committee member may be replaced by the administrator for missing two consecutive quarterly meetings without good cause.

(7)

DMV will consult with the committee before:

(a)

Adopting administrative rules under ORS 822.035 (Investigation of application);

(b)

Taking disciplinary action against a dealer under ORS 822.050 (Revocation, cancellation or suspension of certificate) to revoke, suspend or place a dealer on probation;

(c)

Levying a civil penalty against a dealer under ORS 822.009 (Civil penalties for violations of statutes or rules)(1); or

(d)

Taking disciplinary action against an Oregon dismantler under OAR 735-152-0050 (Sanctions) to revoke, suspend or place a dismantler on probation.

(8)

DMV may consult with the committee as required by section (7) of this rule at a committee meeting, or by mail, telephone, or other electronic means. DMV will provide written information on a proposed action described in section (7) of this rule to the committee members at least seven days before a committee meeting or the date a recommendation from the committee members is due. DMV may provide the written information by mail, fax, or other electronic means.

(9)

The requirements of section (8) of this rule do not apply if DMV determines it must take immediate disciplinary action because the continued operation of a business regulated under ORS Chapter 822 (Regulation of Vehicle Related Businesses) jeopardizes public health or safety. DMV will consult with the committee before taking any action described under this section. Following the action, DMV will provide written notification of DMV’s action to the committee.

(10)

Recommendations of the committee and the individual committee members are advisory only and the Department of Transportation, including DMV, is not bound by any recommendation.

Source: Rule 735-150-0005 — Oregon Dealer Advisory Committee, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0005.

735–150–0000
Authority and Purpose 735–150–0005
Oregon Dealer Advisory Committee 735–150–0010
Definitions 735–150–0015
Dealer Applications 735–150–0017
Acting as a Vehicle Dealer 735–150–0020
Exemptions From Vehicle Dealer Certification Requirement 735–150–0024
Investigation of Certificate Applications 735–150–0027
Refusal to Issue or Renew Vehicle Dealer Certificate 735–150–0030
Dealer Location Regulations 735–150–0031
Proof of Dealer Liability Insurance 735–150–0033
Display of Vehicles for Advertising 735–150–0035
Dealer Records 735–150–0037
Records 735–150–0039
Qualifications for Designation of Dealer as Agent 735–150–0040
Designation of Dealers as Agents 735–150–0041
Dealer Applications to Participate in the Electronic Vehicle Registration Program 735–150–0042
Vehicle Consignments 735–150–0045
Special Rules Concerning Recreational Vehicle Dealers 735–150–0047
Rules Concerning Dealer-Only Auctions 735–150–0050
Preparation and Submission of DMV Documents and Fees 735–150–0055
Dealer Document-Processing Fee 735–150–0060
Issuance of Temporary Registration Permits 735–150–0070
When Trip Permits May Be Issued by Dealers 735–150–0080
Requirements for Issuing Trip Permits 735–150–0105
Late Renewal of Dealer Certificate 735–150–0110
Dealer Offenses Subject to Civil Penalty or Sanction 735–150–0120
Sanctions 735–150–0130
Civil Penalty Consideration 735–150–0140
Schedule of Civil Penalties for Certified Dealers 735–150–0160
Civil Penalty Considerations 735–150–0170
Schedule of Violation Penalties, Unlicensed Dealer 735–150–0190
Contested Case Hearings and Disposition 735–150–0205
Liquidation of Dealer Inventory Upon Closure of Dealership 735–150–0250
Lien Claimant Records 735–150–0260
Civil Penalty Consideration, Lien Claimant Records
Last Updated

Jun. 8, 2021

Rule 735-150-0005’s source at or​.us