Section 822.035 - Investigation of application; dealer number; rules; records inspection; dealer plates and identification card; effect of revocation or suspension in another jurisdiction The Department of Transportation:
(1) Upon receipt of an application for a vehicle dealer certificate, shall examine the application and may make an individual investigation relative to statements contained in the application.(2) Upon being satisfied that an applicant is entitled to a vehicle dealer certificate and that the proper fees have been paid for the certificate, shall assign the vehicle dealer a distinctive dealer number that allows the dealer to conduct business under the certificate and shall forward to the dealer a vehicle dealer certificate stating thereon the dealer's number.(3) Has authority to determine whether or not an applicant for a vehicle dealer certificate is a vehicle dealer.(4) Has authority to make suitable rules for the issuance of vehicle dealer certificates to expire consistently with ORS 822.020.(5) May make inspections of any vehicle dealer records required under ORS 822.045 and of any vehicles included in a vehicle dealer's inventory or located on the vehicle dealer's premises. Inspections authorized by this subsection may be conducted by the department at reasonable intervals and may not exceed a scope of inspection necessary for the department to determine the following: (a) A vehicle dealer's compliance with statutes regulating vehicle dealers under the vehicle code;(b) A vehicle dealer's compliance with those provisions of the vehicle code regulating the titling and registration of vehicles;(c) A vehicle dealer's compliance with rules adopted by the department relating to the regulation of vehicle dealers and the registration and titling of vehicles; and(d) The identification of stolen vehicles.(6) May make inspections during the normal business hours of the department, from Monday through Friday.(7) Shall provide a vehicle dealer with plates or devices authorized under ORS 805.200 to allow the exercise of the privileges granted under ORS 822.040.(8) May provide a vehicle dealer with identification cards in the names of the owners of the business or in the names of authorized employees of the business.(9) May not issue a vehicle dealer certificate under ORS 822.020 to an applicant who has been issued a similar certificate from another jurisdiction that has been revoked or is currently suspended unless the applicant possesses a current, valid vehicle dealer certificate issued under ORS 822.020.(10) May not use the revocation or suspension by another jurisdiction of a vehicle dealer certificate or similar certificate as a basis for refusing to allow a vehicle dealer holding a current, valid vehicle dealer certificate issued under ORS 822.020 to obtain a vehicle dealer certificate under ORS 822.020 or a supplemental certificate under ORS 822.040.(11) May adopt any reasonable rules necessary for the administration of the laws relating to the regulation of vehicle dealers, the issuance of vehicle dealer certificates, the issuance of vehicle dealer identification cards, regulation of vehicle dealers designated as agents under ORS 802.031 and the issuance of vehicle dealer plates. The rules adopted under this subsection must be consistent with the statutory provisions of the vehicle code. The rules may include, but are not limited to, grounds and procedures for the revocation, denial, probation or suspension of vehicle dealer certificates or of a vehicle dealer's designation to act as an agent of the department.Amended by 2023 Ch. 400,§ 16, eff. 9/24/2023, op. 1/1/2024.Amended by 2017 Ch. 172, § 3, eff. 1/1/2018.1983 c.338 §796; 1985 c.16 §394; 1987 c.261 §7a; 1993 c.741 §140; 2001 c.555 §2