OAR 735-150-0047
Rules Concerning Dealer-Only Auctions

(1)

For purposes of ORS 822.015 (Exemptions from vehicle dealer certification requirement)(3), as amended by section 1, chapter 111, Oregon Laws 2015, and this rule, the follow definitions apply:

(a)

“Certified dealer” has the same meaning as defined in OAR 735-150-0010 (Definitions).

(b)

“Employee” for the purposes of this rule and as defined in OAR 735-150-0010 (Definitions) means a person over whom a dealer exercises the type of control typically associated with an employer, including but not limited to:

(A)

Determining the frequency, method and amount of compensation;

(B)

Determining whether the person’s work is continuous or intermittent;

(C)

Determining the hours or frequency of a person’s work; or

(D)

Retaining the ability to terminate the relationship.

(c)

“Licensed dealer” for the purposes of this rule and as defined in OAR 735-150-0010 (Definitions) means a person who is currently licensed as vehicle dealer in another jurisdiction.

(d)

“Vehicle auction” means a vehicle auction conducted by a certified dealer as authorized under ORS 822.015 (Exemptions from vehicle dealer certification requirement), in which only certified dealers, licensed dealers or their employees are permitted to participate.

(2)

An employee of a certified or licensed dealer who wishes to participate in a vehicle auction must present proof to the certified dealer conducting the auction before the employee may participate in the auction. Proof that an individual is an employee as defined in section (1)(b) of this rule, includes but is not limited to any of the following:

(a)

Written authorization issued from a certified or licensed dealer that names the individual as an employee and a copy of the authorizing dealer’s certificate or license, whichever is applicable. The copy must include the following:

(A)

The dealer’s certificate or the dealer’s license, whichever is applicable;

(B)

The business name under which the dealer is registered to do business and the street address and telephone number of the business;

(C)

The business type of the dealer or dealership, for example, a sole proprietorship, partnership, limited liability company, corporation, etc.); and

(D)

The name, address and phone number of an individual authorized by the dealer as the contact person for the dealer on any matter related to a dealer’s certificate or license.

(b)

A current valid picture identification card issued by a certified dealer, licensed dealer, or a dealer registration identification business that maintains a database of vehicle dealers or dealer employees.

(c)

Any other form of authorization, documentation or identification, sufficient to a vehicle auction or DMV that the individual is an employee. Information provided under this subsection is subject to verification by the auction or DMV by telephone, fax, or other electronic means.

(3)

In addition to the proof described under section (2) of this rule, upon request of a vehicle auction or DMV, an employee must provide proof of personal identification. Proof of personal identification under this section includes, but is not limited to the following photo identification:

(a)

A current valid driver license or identification card issued by Oregon or another jurisdiction;

(b)

A current valid vehicle salesperson license or employee license, if required in the jurisdiction;

(c)

A current valid passport; or

(d)

Any other form of photo identification, sufficient to establish the identity of the individual to the satisfaction of a vehicle auction or DMV.

Source: Rule 735-150-0047 — Rules Concerning Dealer-Only Auctions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0047.

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 735-150-0047’s source at or​.us