Or. Admin. Code § 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.
Notes
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
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