Or. Admin. R. 735-010-0020 - Procedures for Record Inquiry Accounts

(1) DMV will establish a Record Inquiry Account for any person or business entity who:

(a) Submits a completed Record Inquiry Account Application (DMV Form 735-6037A), including the required account qualification certification and supporting documents;

(b) DMV determines to be qualified to receive personal information after reviewing the Record Inquiry Account Application, qualification certification and supporting documents; and

(c) Pays a $70 non-refundable fee to cover the cost of processing the account application.

(2) In addition to the requirements of section (1) of this rule, if the applicant is a dealer of new or used motor vehicles, the applicant must be certified as a vehicle dealer by DMV under ORS Chapter 822 before a Record Inquiry Account may be established. DMV may require proof of certification before establishing a Record Inquiry Account.

(3) An invoice summarizing the billings for the prior month will be sent monthly to each account holder.

(4) DMV will change the status of a Record Inquiry Account to delinquent if the account holder has not paid an invoice within 30 days of the date of invoice. If an account status is delinquent, the account cannot be used to order or access DMV records. DMV will re-activate the account once the fullaccount balance payment is processed.

(5) DMV may immediately close any Record Inquiry Account if any of the following events occur:

(a) An account has been delinquent for 120 days and the account is not paid within 15 days of written notification of payment demand by DMV;

(b) The Record Inquiry Account holder no longer qualifies to receive personal information from motor vehicle records;

(c) The Record Inquiry Account holder fails to immediately notify the department of a change in qualification status for receipt of personal information;

(d) DMV receives a notice of bankruptcy for the account holder;

(e) The account holder submits a written request that DMV close the account; or

(f) The account holder uses or discloses personal information from DMV records in violation of applicable law.

(6) Any account that has been closed under section (5) of this rule cannot be reopened. A new account must be established by:

(a) Submitting a new account application and meeting all requirements of sections (1) and (2) of this rule, including payment of any fees required; and

(b) Payment, in full, of any previously delinquent account balances.

(7) A Record Inquiry Account holder must keep records for five years that identifies:

(a) The DMV record accessed;

(b) The personal information used;

(c) The permitted purpose for which this personal information was used;

(d) Whether this information was released to another person; and

(e) If released, how the person is eligible to receive personal information.

(8) DMV Records Policy Unit may inspect account holder records or request information on a specific record inquiry made by an account holder for reasons including, but not limited to, any indication that personal information is being misused or released to a person who is not eligible to receive personal information. The account holder shall submit any requested record or information to DMV upon request of DMV's Records Policy Unit.

Notes

Or. Admin. R. 735-010-0020

MV 6-1978, f. 10-3-78, ef. 12-1-78; MV 19-1983, f. 12-30-83, ef. 1-1-84, Renumbered from 735-41-020; MV 9-1984, f. 6-29-84, ef. 7-1-84; Administrative Renumbering 3-1988, Renumbered from 735-032-0030; MV 44-1989, f. & cert. ef. 10-16-89; DMV 16-1998, f. 12-17-98 cert. ef. 1-1-99; DMV 7-2014, f. & cert. ef. 8-29-14; DMV 2-2017, f & cert. ef. 1/24/2017; DMV 13-2018, minor correction filed 06/27/2018, effective 6/27/2018; DMV 21-2018, minor correction filed 06/27/2018, effective 6/27/2018; DMV 5-2019, amend filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 184.619, 802.010, 802.179, 802.183, 802.220 & 802.230

Statutes/Other Implemented: ORS 802.179, 802.183, 802.220 & 802.230