OAR 735-150-0260
Civil Penalty Consideration, Lien Claimant Records

(1)

In addition to any other penalty or sanction provided by law, a lien claimant who violates any provision of ORS 822.093 (Sale of vehicles involving possessory liens) or OAR 735-150-0250 (Lien Claimant Records; Notification of Sale) relating to lien claimant records may incur a civil penalty in an amount not to exceed $1,000 for each violation. DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount DMV may use the schedule set forth in section (2) of this rule as a guideline and may consider the following criteria:

(a)

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

(b)

The number of similar or related violations;

(c)

Whether the violations were willful or intentional;

(d)

The prior history of penalties imposed by DMV against the lien claimant;

(e)

The number of violations compared to the volume of transactions by the lien claimant; or

(f)

Other circumstances determined by DMV to be applicable to the particular violation.

(2)

Pursuant to ORS 822.093 (Sale of vehicles involving possessory liens), DMV may impose a civil penalty for failure to comply with any provision of OAR 735-150-0250 (Lien Claimant Records; Notification of Sale), concerning lien claimant records:

(a)

For first offense: warning;

(b)

For second offense: $250;

(c)

For third offense: $500;

(d)

For fourth and subsequent offense: $1,000.

(3)

Prior to the issuance of a final order, DMV may reassess the civil penalty amount and may agree to payment of an amount less than that assessed in the Notice of Imposition of Civil Penalty, after review of:

(a)

The criteria listed in section (1) of this rule; and

(b)

Any explanatory information provided to DMV.

Source: Rule 735-150-0260 — Civil Penalty Consideration, Lien Claimant Records, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0260.

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 735-150-0260’s source at or​.us