Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of ORS
822.015(3), as
amended by section 1, chapter 111, Oregon Laws 2015, and this rule, the follow
definitions apply:
(a) "Certified dealer" has
the same meaning as defined in OAR
735-150-0010.
(b) "Employee" for the purposes of this rule
and as defined in OAR
735-150-0010 means a person over
whom a dealer exercises the type of control typically associated with an
employer, including but not limited to:
(A)
Determining the frequency, method and amount of compensation;
(B) Determining whether the person's work is
continuous or intermittent;
(C)
Determining the hours or frequency of a person's work; or
(D) Retaining the ability to terminate the
relationship.
(c)
"Licensed dealer" for the purposes of this rule and as defined in OAR
735-150-0010 means a person who
is currently licensed as vehicle dealer in another jurisdiction.
(d) "Vehicle auction" means a vehicle auction
conducted by a certified dealer as authorized under ORS
822.015, in which only certified
dealers, licensed dealers or their employees are permitted to participate.
(2) An employee of a
certified or licensed dealer who wishes to participate in a vehicle auction
must present proof to the certified dealer conducting the auction before the
employee may participate in the auction. Proof that an individual is an
employee as defined in section (1)(b) of this rule, includes but is not limited
to any of the following:
(a) Written
authorization issued from a certified or licensed dealer that names the
individual as an employee and a copy of the authorizing dealer's certificate or
license, whichever is applicable. The copy must include the following:
(A) The dealer's certificate or the dealer's
license, whichever is applicable;
(B) The business name under which the dealer
is registered to do business and the street address and telephone number of the
business;
(C) The business type of
the dealer or dealership, for example, a sole proprietorship, partnership,
limited liability company, corporation, etc.); and
(D) The name, address and phone number of an
individual authorized by the dealer as the contact person for the dealer on any
matter related to a dealer's certificate or license.
(b) A current valid picture identification
card issued by a certified dealer, licensed dealer, or a dealer registration
identification business that maintains a database of vehicle dealers or dealer
employees.
(c) Any other form of
authorization, documentation or identification, sufficient to a vehicle auction
or DMV that the individual is an employee. Information provided under this
subsection is subject to verification by the auction or DMV by telephone, fax,
or other electronic means.
(3) In addition to the proof described under
section (2) of this rule, upon request of a vehicle auction or DMV, an employee
must provide proof of personal identification. Proof of personal identification
under this section includes, but is not limited to the following photo
identification:
(a) A current valid driver
license or identification card issued by Oregon or another jurisdiction;
(b) A current valid vehicle
salesperson license or employee license, if required in the jurisdiction;
(c) A current valid passport; or
(d) Any other form of photo
identification, sufficient to establish the identity of the individual to the
satisfaction of a vehicle auction or DMV.
Stat. Auth.: ORS
184.616,
184.619,
802.010,
822.015,
822.035 & 2015 Or. Laws, Ch.
111
Stats. Implemented: ORS
822.015 & 2015 Or. Laws, Ch.
111
