Or. Admin. Code § 735-152-0050 - Sanctions
(1) In addition to
any other penalties provided by law, DMV may impose sanctions against any
person issued a valid dismantler certificate, any principal of a dismantler
business, or both, if DMV determines either has violated any Oregon law or DMV
rule relating to the operation of a dismantler business.
(2) Sanctions may be imposed against one or
more of the following:
(a) A dismantler's
certificate issued under ORS
822.110;
(b) An identification card or supplemental
dismantler certificate issued under ORS
822.125; or
(c) A principal of the dismantler
business.
(3) Factors
DMV may consider when imposing a sanction against a dismantler include:
(a) The severity of the violation or its
impact on the public;
(b) The
number of similar or related violations;
(c) Whether a violation was willful or
intentional; and
(d) Any previous
sanction, civil penalty or warning issued or imposed against the dismantler or
principal.
(4) DMV
determines the appropriate sanction to impose when it determines a violation
has occurred. These may include one or more of the following:
(a) Verbal or written warning, including a
correction notice.
(b) Probation
under conditions set by DMV, for up to three years.
(c) Suspension of the dismantler certificate
and the right to apply for a dismantler certificate, for up to three
years.
(d) Revocation of the
dismantler certificate and the right to apply for a dismantler certificate. A
person subject to revocation of a dismantler certificate is ineligible to apply
for a new dismantler certificate, for up to five years.
(e) Suspension of the right of a principal of
a dismantler business to apply for a dismantler certificate for a different
vehicle-related business, or in a different business name, for up to three
years.
(f) Revocation of the right
of a principal of a dismantler business to apply for a dismantler certificate
for a different vehicle-related business, including a vehicle-related business
with a different business name, for up to five years.
(g) Cancellation of the dismantler
certificate if it is determined the applicant or a principal of the business is
ineligible for a dismantler certificate.
(h) Immediate suspension or cancellation as
provided in ORS 822.145(2) upon
receipt of legal notice the dismantler's bond under 822.120 is
canceled.
(i) Immediate suspension
or cancellation for failure to pay any penalty imposed under ORS
822.135 or
822.137.
(5) A dismantler or principal whose business
certificate or privileges are suspended, canceled or revoked is entitled to a
contested case hearing as provided in the Oregon Administrative Procedures Act
under ORS Chapter 183.
(6) Except
as provided in section (7) of this rule, a dismantler's request for a hearing
shall be submitted in writing to and received by DMV within 20 days of the date
of the notice of revocation, suspension or cancellation. A hearing request
received in a timely manner shall result in a withdrawal of the revocation
suspension or cancellation pending the outcome of the hearing.
(7) In the instance of an immediate
suspension or cancellation as provided by subsection (4)(g) or (h) of this
rule, a dismantler's request for a hearing shall be submitted in writing to and
received by DMV within 90 days of the date the notice is issued. A hearing
request received in a timely manner shall not result in a withdrawal of the
suspension or cancellation pending the outcome of the hearing.
(8) In order for a request for hearing to be
timely, the request must be received by DMV within the time periods established
in sections (6) and (7) of this rule. If the request for hearing is not timely
received, the person waives their right to a hearing, except as provided in OAR
137-003-0528. The time periods
will be computed as set forth in
137-003-0520(8).
(9) When DMV does not receive a timely
request for a hearing, the dismantler or principal defaults, waives the right
to a hearing and DMV's file constitutes the record of the case.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 184.619, 802.010, 822.125, 822.133, 822.137 & 822.145
Statutes/Other Implemented: ORS 822.100, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.145, 822.150 & 822.992
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