OAR 735-150-0120
Sanctions

(1)

DMV may impose sanctions when it determines that a dealer has violated any provision of the Oregon Vehicle Code or rules adopted by DMV relating to:

(a)

The operation of a vehicle dealership;

(b)

Providing brokerage services; or

(c)

Vehicle title and registration.

(2)

Sanctions imposed may be against any or all of the following:

(a)

A vehicle dealer’s certificate;

(b)

A dealer’s status as DMV’s agent; or

(c)

An owner, partner, corporate officer or other principal of the dealership.

(3)

Factors DMV may consider in determining the sanctions to impose include:

(a)

The severity of a violation or its impact on the public;

(b)

The number of similar or related violations;

(c)

Whether a violation was willful or intentional;

(d)

The history of all sanctions, civil penalties and oral or written warnings issued or imposed by DMV against the dealer or principals of the dealership.

(4)

If DMV determines that a sanction is warranted, the type of sanction imposed may include one or more of the following:

(a)

Probation under conditions set by DMV pertaining to the dealer’s authority to act as an agent of DMV for up to one (1) year;

(b)

Suspension of the dealer’s authority to act as an agent of DMV for up to one (1) year;

(c)

Permanent revocation of the dealer’s authority to act as an agent of DMV;

(d)

Probation under conditions set by DMV, for up to three (3) years;

(e)

Probation of the dealer’s authority to use Electronic Vehicle Registration (EVR) under conditions set by DMV, for up to one year.

(f)

Suspension of the dealer’s authority to use Electronic Vehicle Registration (EVR) and right to apply as an EVR dealer for up to three years.

(g)

Permanent revocation of the dealer’s authority to use Electronic Vehicle Registration (EVR).

(h)

Suspension of the dealer’s vehicle dealer certificate and the right to apply for a certificate for up to three (3) years including the right to renew the certificate until the period of suspension has been served;

(i)

Permanent revocation of the dealer’s vehicle dealer certificate;

(j)

Cancellation of the dealer’s vehicle dealer certificate;

(k)

Suspension of the right of a principal of a dealership to apply for a vehicle dealer certificate for a different vehicle-related business or in a different business name for up to three (3) years;

(L)

Permanent revocation of the right of a principal of a dealership to apply for a vehicle dealer certificate for a different vehicle-related business or in a different business name;

(m)

Immediate suspension as provided in ORS 183.430 (Hearing on refusal to renew license)(2).

(n)

For failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(27), concerning failure to pay a penalty assessed by DMV:

(A)

Suspension of the dealer’s vehicle dealer certificate and the right to apply for a certificate for a maximum of three (3) years including the right to renew the certificate or until the civil penalty is paid in full; and

(B)

Suspension of the right of a principal of a vehicle dealership to apply for a vehicle dealer certificate for a different vehicle-related business or in a different business name for a maximum of three (3) years or until the civil penalty is paid in full.

(5)

A dealer or principal whose vehicle dealer certificate or privileges have been placed on probation, suspended, canceled or revoked 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).

(6)

Except as provided for in sections (7) and (8) of this rule, a dealer’s request for a hearing must be submitted in writing to, and received by DMV within 20 days of the date of the notice of penalty. A hearing request received in a timely manner will result in a withdrawal of the penalty, pending the outcome of the hearing.

(7)

In the instance of an immediate suspension as provided by, ORS 183.430 (Hearing on refusal to renew license)(2) a dealer’s request for a hearing must be submitted in writing to, and received by DMV within 90 days of the date of notice of suspension. A hearing request received in a timely manner will not result in a withdrawal of the suspension, pending the outcome of the hearing.

(8)

In the instance of cancellation as provided by ORS 822.050 (Revocation, cancellation or suspension of certificate)(2) or (3) for failure to satisfy the bond or insurance requirements established by 822.030 (Bond or letter of credit requirements) and 822.033 (Requirements for certificate of insurance), a dealer’s request for a hearing must be submitted in writing to, and received by DMV within 90 days of the date of the notice of cancellation. A hearing request received in a timely manner will not result in a withdrawal of cancellation, pending the outcome of the hearing.

(9)

When a timely request for a hearing is not received, the dealer will have defaulted, waived the right to a hearing and DMV’s file will then constitute the record of the case.

Source: Rule 735-150-0120 — Sanctions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0120.

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 735-150-0120’s source at or​.us