OAR 735-150-0140
Schedule of Civil Penalties for Certified Dealers

(1)

Failure to comply with any provision of OAR 735-150-0030 (Dealer Location Regulations)(1), (2) and (4), concerning dealer location regulations:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(2)

Failure to comply with the provisions of OAR 735-150-0030 (Dealer Location Regulations)(3) concerning dealer location regulations:

(a)

For the first violation: $500;

(b)

For the second and subsequent violation(s): $1,000.

(3)

Failure to comply with OAR 735-150-0040 (Designation of Dealers as Agents)(5), (6) or (7), concerning delivery of the registration plates, stickers or temporary registration to the purchaser of a vehicle:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(4)

Failure to comply with any provision of OAR 735-150-0050 (Preparation and Submission of DMV Documents and Fees), concerning submission of DMV documents and fees on behalf of a purchaser:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(5)

Failure to comply with any provision of OAR 735-150-0060 (Issuance of Temporary Registration Permits), concerning issuance of temporary registration permits:

(a)

For the first violation: warning;

(b)

For the second violation: $50;

(c)

For the third violation: $100;

(d)

For the fourth and subsequent violation(s): $250.

(6)

Failure to comply with any provision of OAR 735-150-0070 (When Trip Permits May Be Issued by Dealers), concerning trip permits issued by dealers:

(a)

For the first violation: warning;

(b)

For the second violation: $50;

(c)

For the third violation: $100;

(d)

For the fourth and subsequent violation(s): $250.

(7)

Failure to comply with any provision of OAR 735-150-0080 (Requirements for Issuing Trip Permits), concerning requirements for issuing light vehicle or recreational vehicle trip permits:

(a)

For the first violation: warning;

(b)

For the second violation: $50;

(c)

For the third violation: $100;

(d)

For the fourth and subsequent violation(s): $250.

(8)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(1), prohibiting a dealer from allowing a person not employed by the dealership to engage in dealer activity:

(a)

For the first violation: $250;

(b)

For the second violation: $500;

(c)

For the third and subsequent violation(s): $1,000.

(9)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(2), concerning failing to submit all taxes and fees:

(a)

For the first violation: $250;

(b)

For the second violation: $500;

(c)

For the third and subsequent violation(s): $1,000.

(10)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(3), concerning a dealer who signs the name or allows any other person to sign the name of an owner, security interest holder or lessor on title or transfer documents without a Power of Attorney:

(a)

For the first violation: $500;

(b)

For the second and subsequent violation(s): $1,000.

(11)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(4), concerning dealing in stolen vehicles: $1,000 for the first and subsequent violation(s).

(12)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(6), concerning altered vehicle identification numbers: $1,000 for the first and subsequent violation(s).

(13)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(7), concerning odometers, except violations of ORS 815.410 (Illegal odometer tampering), 815.420 (Unlawfully removing odometer repair notice) and 815.430 (Submitting false odometer disclosure):

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(14)

Violation of ORS 815.410 (Illegal odometer tampering), 815.420 (Unlawfully removing odometer repair notice) and 815.430 (Submitting false odometer disclosure), concerning odometer tampering and notices: $1,000 for the first and subsequent violation(s).

(15)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(8), concerning fraudulent title or registration documents: $1,000 for the first and subsequent violation(s).

(16)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(10), concerning acting as a vehicle dealer any time between the day DMV receives notice of cancellation of bond or insurance and the day the vehicle dealer presents proof to DMV of another bond or certificate of insurance:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(17)

Violation of ORS 822.045 (Vehicle dealer offenses)(1)(d), (e), (j) or (k) or OAR 735-150-0039 (Qualifications for Designation of Dealer as Agent): $1,000 for the first and subsequent violation(s).

(18)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(11), concerning issuance of temporary registration permits to persons not eligible:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(19)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(12), concerning failure to notify DMV of a vehicle transferred to the dealer:

(a)

For the first violation: warning;

(b)

For the second violation: $50;

(c)

For the third violation: $100;

(d)

For the fourth violation: $250;

(e)

For the fifth and subsequent violation(s): $500.

(20)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(13), concerning failure to remove foreign registration plates:

(a)

For the first violation: warning;

(b)

For the second violation: $50;

(c)

For the third violation: $100;

(d)

For the fourth and subsequent violation(s): $250.

(21)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(14), concerning failure to destroy foreign registration plates:

(a)

For the first violation: warning;

(b)

For the second violation: $50;

(c)

For the third violation: $100;

(d)

For the fourth and subsequent violation(s): $250.

(22)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(15), concerning the physical inspection of vehicle identification numbers:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(23)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(16), concerning the sale of vehicles of a type not authorized by the dealer certificate:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(24)

Failure to comply with ORS 822.060 (Illegal consignment practices)(1)(a), (b), (c), (e), (h) or (i), concerning consignment sales:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(25)

Violations of ORS 822.060 (Illegal consignment practices)(1)(d), (f) or (g) or 822.065 (Violation of consigned vehicle transfer), concerning consignment sales:

(a)

For the first violation: $500;

(b)

For the second and subsequent violation(s): $1,000.

(26)

Failure to comply with OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(20) concerning making a false statement of material fact:

(a)

For the first violation: $500;

(b)

For the second and subsequent violation(s): $1,000.

(27)

Any violation of the Oregon Vehicle Code or OAR chapter 735 not otherwise classified in this rule:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(28)

Violations of OAR 735-150-0035 (Dealer Records) concerning dealer records:

(a)

For the first violation: warning;

(b)

For the second violation: $500;

(c)

For the third and subsequent violation(s): $1,000.

(29)

Violations of OAR 735-150-0045 (Special Rules Concerning Recreational Vehicle Dealers) and, ORS 822.082 (“Recreational vehicle service facility” defined) through 822.084 (Show license) concerning special rules and statutory provisions for RV dealers:

(a)

For a certified dealer or person acting as a show organizer that conducts a show without a license:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(b)

For failing to display a show license at a show:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(c)

For a certified dealer or person acting as a show organizer that fails to include a dealer in a show license application:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(d)

For selling a new RV without maintaining a service facility:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(e)

For selling a new RV while maintaining a service facility that is not primarily engaged in the service and repair of RVs:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(f)

For failing to prominently display the location of the dealer’s service facility at a sales facility or RV show:

(A)

For the first violation: Warning;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(g)

For subcontracting a service facility rather than directing the service operation:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(h)

For a certified dealer or person acting as a show organizer that conducts a show beyond the scope of the show license. For example, for additional days or hours:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.
(i)
For submitting an application that contains a false statement or omission of material fact:

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(j)

Except as otherwise provided in OAR 735-150-0140 (Schedule of Civil Penalties for Certified Dealers), the following apply for any violation of OAR 735-150-0045 (Special Rules Concerning Recreational Vehicle Dealers) and ORS 822.082 (“Recreational vehicle service facility” defined) to 822.084 (Show license):

(A)

For the first violation: $250;

(B)

For the second violation: $500;

(C)

For the third and subsequent violation(s): $1,000.

(30)

Violation of OAR 735-150-0055 (Dealer Document-Processing Fee; Inspection) concerning vehicle dealer document processing fees:

(a)

For the first violation: $250;

(b)

For the second violation: $500;

(c)

For the third and subsequent violation(s): $1,000.

(31)

Violation of OAR 735-150-0037 (Records; Satisfying Prior Interest; Providing Clear Title) concerning records; satisfying prior interest; providing clear title:

(a)

For the first violation: Warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(32)

Violation of OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(24), concerning the unlawful use of any certificate or registration plate:

(a)

For the first violation: $100;

(b)

For the second violation: $500;

(c)

For the third violation: $750;

(d)

For the fourth and subsequent violation(s): $1,000.

(33)

Failure to comply with any provision of ORS 822.047 (Brokerage services) or OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(19), concerning the requirements for providing brokerage services:

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(34)

Violations of OAR 735-150-0033 (Display of Vehicles for Advertising) and, ORS 822.040 (Privileges granted by certificate)(4) concerning the display of a vehicle at a location other than the dealers place of business for the purpose of advertising:

(a)

For the first violation: Warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(35)

Except as otherwise provided in this rule, failure to comply with any provision of ORS 822.045 (Vehicle dealer offenses):

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(36)

Failure to maintain the insurance coverage described in OAR 735-150-0031 (Proof of Dealer Liability Insurance) (1):

(a)

For the first violation: warning;

(b)

For the second violation: $250;

(c)

For the third violation: $500;

(d)

For the fourth and subsequent violation(s): $1,000.

(37)

Violation of OAR 735-150-0110 (Dealer Offenses Subject to Civil Penalty or Sanction)(21) and ORS 822.605 (False swearing relating to regulation of vehicle related businesses) concerning false swearing relating to regulation of a vehicle dealer business: $1,000 for the first and subsequent violation(s).

Source: Rule 735-150-0140 — Schedule of Civil Penalties for Certified Dealers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0140.

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. 24, 2021

Rule 735-150-0140’s source at or​.us