Or. Admin. Code § 735-150-0110 - Dealer Offenses Subject to Civil Penalty or Sanction
In addition to any other penalties provided by law, a dealer will be subject to the civil penalties or sanctions in OAR 735-150-0120 to 735-150-0140 if the dealer:
(1) Allows or assists a person
who is not an employee of the dealer to imply or represent an affiliation with
the vehicle dealership in order to engage in any activity pursuant to ORS
822.005.
(2) Fails to submit all taxes or fees due
this state or another jurisdiction in connection with the sale or transfer of a
vehicle.
(3) Signs a name or allows
any other person to sign a name of the owner, security interest holder, or
lessor on a certificate of title, salvage title or any motor vehicle document
used by DMV in the transfer of title without first obtaining a properly signed
Power of Attorney. This section does not apply to a dealer who as an owner,
security interest holder or lessor signs their own name on a certificate of
title, salvage title or any motor vehicle document used by DMV in the transfer
of title.
(4) Purchases, sells,
disposes of or has in the dealer's possession, any vehicle that the dealer
knows or with reasonable diligence should have known has been stolen or
appropriated without the consent of the owner.
(5) Fails to comply with state or federal
laws, rules or regulations pertaining to the construction or safety of motor
homes, trailers or campers.
(6)
Buys, sells, receives, disposes of, conceals or has in the dealer's possession
any vehicle or component from which an identification number has been removed,
defaced, covered, altered or destroyed for the purpose of concealing or
misrepresenting the identity of the vehicle.
(7) Violates any provision of state or
federal law, rule or regulation concerning odometer tampering, repair, readings
or notices.
(8) Prints or produces
or causes to be printed or produced any certificate of title or certificate of
registration without authority, or holds or uses any such certificate or
assignment knowing that it has been printed or purchased without
authority.
(9) Commits any offense
specified in ORS 822.045.
(10) Acts as a vehicle dealer anytime between
the day DMV receives notice of cancellation of bond or insurance and the day
the vehicle dealer presents proof to DMV of another bond or certificate of
insurance.
(11) Issues a temporary
registration permit to a person not domiciled in Oregon or who is otherwise not
subject to or eligible for Oregon registration.
(12) Fails to notify DMV on a form or in a
format approved by DMV within seven (7) calendar days of receipt of a vehicle
in inventory, that a vehicle has been transferred to the dealer.
(13) Fails to immediately remove registration
plates from vehicles registered in other jurisdictions that are in the dealer's
inventory. The dealer may retain the plates until the vehicle is
sold.
(14) Fails to destroy
registration plates removed from vehicles registered in other jurisdictions at
the time of sale if the vehicle is to be titled in Oregon or in a jurisdiction
other than that in which the vehicle was previously registered. If the vehicle
will be re-registered in the former jurisdiction, the plates may be placed back
on the vehicle following the sale.
(15) Completes or allows an employee to
complete a DMV Vehicle Identification Number (VIN) Inspection form without
physically inspecting the vehicle for its vehicle identification
number.
(16) Sells a vehicle of a
type not authorized by the dealer's certificate.
(17) Fails to comply with any provision of
ORS 822.060 through
822.065 concerning consignment
sales.
(18) Fails to comply with
any provision of ORS 822.040(4) or
OAR 735-150-0033 concerning the
display of a vehicle at a location other than the dealer's place of business
for the purpose of advertising.
(19) Provides brokerage services and fails:
(a) To provide the written disclosure
described in ORS 822.047(2);
(b) To provide the written statement
described in ORS 822.047(3);
or
(c) To comply with the
requirements for broker fees described in ORS
822.047(4).
(20) Knowingly makes a false statement of
material fact in:
(a) An application for a
dealer certificate, a dealer certificate renewal or attachments
thereof;
(b) An application to
Correct Dealer/Rebuilder Vehicle Dealer Certificate (DMV Form
735-371);
(c) Any investigation by
DMV or law enforcement; or
(d) Any
DMV document.
(21)
Commits a felony by violating ORS
822.605.
(22) Fails to maintain records described in
OAR 735-150-0050(5)
or fails to make those records available to DMV, law enforcement personnel or
investigators of the Oregon Department of Justice upon their request.
(23) Fails to comply with the requirements of
the Oregon Vehicle Code with reference to notices or reports of the transfer of
vehicles or campers.
(24) Allows or
permits the unlawful use of any certificate or registration plate.
(25) Falsely certifies under ORS
822.033 that the dealer is
exempt from filing a certificate of insurance as required by ORS
822.020.
(26) Fails to maintain the insurance coverage
described in OAR 735-150-0031(1).
(27) Fails to pay a civil penalty assessed by
DMV.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080 & 822.035
Statutes/Other Implemented: ORS 822.005 - 822.080
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