Or. Admin. Code § 735-150-0120

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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(2).

(n) For failure to comply with OAR 735-150-0110(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 six (6) 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 six (6) 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 to 183.500.

(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(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(2) or (3) for failure to satisfy the bond or insurance requirements established by 822.030 and 822.033, 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.

Or. Admin. Code § 735-150-0120

MV 2-1983, f. 3-10-83, ef. 5-1-83; MV 4-1983, f. 10-5-83, ef. 10-15-83; MV 1-1984, f. & ef. 1-10-84; MV 7-1987, f. & ef. 7-13-87; Administrative Renumbering 3-1988, Renumbered from 735-071-0013; MV 8-1991, f. & cert. ef. 7-19-91; MV 22-1991, f. 9-27-91, cert. ef. 9-29-91; MV 19-1992, f. 12-23-92, cert. ef. 1-1-93; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06; DMV 1-2015, f. & cert. ef. 4/20/2015; DMV 9-2017, f. & cert. ef. 5/25/2017; DMV 40-2018, amend filed 10/22/2018, effective 10/22/2018; DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 183.430, 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080 & 822.005 - 822.080

Statutes/Other Implemented: ORS 822.050