Or. Admin. Code § 735-150-0170

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-150-0170 - Schedule of Violation Penalties, Unlicensed Dealer

(1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a vehicle dealer without a current dealer certificate, including a dealer who sells a vehicle while the dealer's certificate is expired, suspended, cancelled, or revoked.

(2) This schedule does not apply to a person or dealer exempt from dealer certification requirements pursuant to ORS 822.015.

(3) Civil penalties under this schedule are assessed as follows:

(a) For the first offense: $2,500 per vehicle;

(b) For the second and subsequent offenses: $5,000 per vehicle.

(4) DMV may reduce a civil penalty assessed under subsection (3)(a) of this rule if:

(a) The person or dealer files with DMV a completed dealer application that meets Oregon requirements for licensure within 30 days of the date of notice of imposition of civil penalty for acting as an unlicensed dealer; or

(b) A hearing is requested and held in accordance with ORS Chapter 183, and within 30 days of issuance of a final order upholding the penalty, the person files with DMV a completed dealer application that meets Oregon requirements for licensure.

(5) In addition to any other outstanding requirements, DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate.

Or. Admin. Code § 735-150-0170

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 6-1994, f. & cert. ef. 7-21-94; DMV 10-1998, f. & cert. ef. 8-20-98; DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 2-2002, f. & cert. ef. 2-15-02; DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010 & 822.020

Statutes/Other Implemented: ORS 822.009