ORS 822.145
Imposition of sanctions
- rules
(1)
In addition to any other penalty provided by law, the Department of Transportation may impose sanctions on any person holding a dismantler certificate issued under ORS 822.110 (Dismantler certificate) or identification card or supplemental dismantler certificate issued under ORS 822.125 (Privileges granted by certificate) including, but not limited to, probation or suspension, revocation or cancellation of the dismantler certificate or identification card if the department determines at any time for due cause that any of the following has occurred:(a)
The person holding the certificate has failed to comply with any requirements for registration of vehicles under the vehicle code.(b)
The person holding the certificate has violated ORS 803.140 (Application), 819.012 (Failure to follow procedures for a totaled vehicle), 819.016 (When salvage title required), 819.040 (Illegal salvage procedures), 822.120 (Bond or letter of credit requirements), 822.125 (Privileges granted by certificate), 822.133 (Requirements of dismantler operating motor vehicle dismantling business), 822.135 (Improperly conducting motor vehicle dismantling business), 822.137 (Dismantler conduct resulting in civil penalty) or 822.150 (Failure to return revoked, canceled or suspended certificate or identification card).(c)
The person holding the certificate has caused or suffered or is permitting the unlawful use of the dismantler certificate.(d)
The person holding the certificate has violated any regulation adopted under ORS 822.135 (Improperly conducting motor vehicle dismantling business).(e)
The person holding the certificate has failed to allow the department to conduct inspections as provided under ORS 822.130 (Inspection of books, records, inventory and premises).(f)
The person holding an identification card has unlawfully used or permitted unlawful use of the card.(g)
The person holding the certificate is convicted of an offense under ORS 468.922 (Unlawful disposal, storage or treatment of hazardous waste in the second degree), 468.926 (Unlawful disposal, storage or treatment of hazardous waste in the first degree), 468.929 (Unlawful transport of hazardous waste in the second degree), 468.931 (Unlawful transport of hazardous waste in the first degree), 468.936 (Unlawful air pollution in the second degree), 468.939 (Unlawful air pollution in the first degree), 468.943 (Unlawful water pollution in the second degree) or 468.946 (Unlawful water pollution in the first degree).(2)
The department shall cancel or suspend any dismantler certificate immediately:(a)
Upon receipt of legal notice that the bond described under ORS 822.120 (Bond or letter of credit requirements) is canceled; or(b)
For failure to pay any penalty imposed under ORS 822.135 (Improperly conducting motor vehicle dismantling business) or 822.137 (Dismantler conduct resulting in civil penalty).(3)
Upon revocation, cancellation or suspension of a dismantler certificate or identification card under this section, the department shall recall and demand the return of the certificate or identification card.(4)
If the department has reason to believe that a person has engaged in or is engaging in any activity prohibited under ORS 822.100 (Conducting a motor vehicle dismantling business without a certificate), the department may issue an order directed at the person to cease the activity.(5)
The department shall adopt rules establishing sanctions authorized by subsection (1) of this section. [1983 c.338 §808; 1985 c.16 §409; 1985 c.176 §4; 1987 c.261 §9b; 1991 c.820 §19; 1991 c.873 §51; 2005 c.654 §15; 2007 c.683 §2; 2011 c.433 §3; 2019 c.630 §5]
Source:
Section 822.145 — Imposition of sanctions; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors822.html.
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