OAR 735-150-0027
Refusal to Issue or Renew Vehicle Dealer Certificate
(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 (Investigation of application)(8) and (9), DMV will not issue a vehicle dealer certificate under 822.020 (Issuance of certificate) to an applicant who has been issued a similar certificate from another jurisdiction that has been revoked or is currently suspended unless the applicant possesses a current, valid vehicle dealer certificate issued under 822.020 (Issuance of certificate). Nothing in this section precludes a vehicle dealer who holds a current, valid vehicle dealer certificate issued under 822.020 (Issuance of certificate) from obtaining a vehicle dealer certificate under 822.020 (Issuance of certificate) or a supplemental certificate under 822.040 (Privileges granted by certificate) or to renew a certificate under 822.040 (Privileges granted by certificate).(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 (Regulation of Vehicle Related Businesses) 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 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals).(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 (Hearing on refusal to renew license)(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 (Hearing on refusal to renew license)(2).
Source:
Rule 735-150-0027 — Refusal to Issue or Renew Vehicle Dealer Certificate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-150-0027.