Current through Register Vol. 63, No. 9, September 1, 2024
(1) Failure to comply with any provision of
OAR 735-150-0030(1), (2) and
(4), concerning dealer location regulations:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(2) Failure to comply with the provisions of
OAR 735-150-0030(3)
concerning dealer location regulations:
(a)
For the first violation: $500;
(b)
For the second and subsequent violation(s): $1,000.
(3) Failure to comply with OAR
735-150-0040(5), (6) or
(7), concerning delivery of the registration
plates, stickers or temporary registration to the purchaser of a vehicle:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(4) Failure to comply with any provision of
OAR 735-150-0050, concerning
submission of DMV documents and fees on behalf of a purchaser:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(5) Failure to comply with any provision of
OAR 735-150-0060, concerning
issuance of temporary registration permits:
(a) For the first violation:
warning;
(b) For the second
violation: $50;
(c) For the third
violation: $100;
(d) For the fourth
and subsequent violation(s): $250.
(6) Failure to comply with any provision of
OAR 735-150-0070, concerning trip
permits issued by dealers:
(a) For the first
violation: warning;
(b) For the
second violation: $50;
(c) For the
third violation: $100;
(d) For the
fourth and subsequent violation(s): $250.
(7) Failure to comply with any provision of
OAR 735-150-0080, concerning
requirements for issuing light vehicle or recreational vehicle trip permits:
(a) For the first violation:
warning;
(b) For the second
violation: $50;
(c) For the third
violation: $100;
(d) For the fourth
and subsequent violation(s): $250.
(8) Failure to comply with OAR
735-150-0110(1),
prohibiting a dealer from allowing a person not employed by the dealership to
engage in dealer activity:
(a) For the first
violation: $250;
(b) For the second
violation: $500;
(c) For the third
and subsequent violation(s): $1,000.
(9) Failure to comply with OAR
735-150-0110(2),
concerning failing to submit all taxes and fees:
(a) For the first violation: $250;
(b) For the second violation: $500;
(c) For the third and subsequent
violation(s): $1,000.
(10) Failure to comply with OAR
735-150-0110(3),
concerning a dealer who signs the name or allows any other person to sign the
name of an owner, security interest holder or lessor on title or transfer
documents without a Power of Attorney:
(a)
For the first violation: $500;
(b)
For the second and subsequent violation(s): $1,000.
(11) Failure to comply with OAR
735-150-0110(4),
concerning dealing in stolen vehicles: $1,000 for the first and subsequent
violation(s).
(12) Failure to
comply with OAR 735-150-0110(6),
concerning altered vehicle identification numbers: $1,000 for the first and
subsequent violation(s).
(13)
Failure to comply with OAR
735-150-0110(7),
concerning odometers, except violations of ORS
815.410,
815.420 and
815.430:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(14) Violation of ORS
815.410,
815.420 and
815.430, concerning odometer
tampering and notices: $1,000 for the first and subsequent
violation(s).
(15) Failure to
comply with OAR 735-150-0110(8),
concerning fraudulent title or registration documents: $1,000 for the first and
subsequent violation(s).
(16)
Failure to comply with OAR
735-150-0110(10),
concerning acting as a vehicle dealer any time 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:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(17) Violation of ORS
822.045(1)(d), (e), (j) or
(k) or OAR
735-150-0039: $1,000 for the
first and subsequent violation(s).
(18) Failure to comply with OAR
735-150-0110(11),
concerning issuance of temporary registration permits to persons not eligible:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(19) Failure to comply with OAR
735-150-0110(12),
concerning failure to notify DMV of a vehicle transferred to the dealer:
(a) For the first violation:
warning;
(b) For the second
violation: $50;
(c) For the third
violation: $100;
(d) For the fourth
violation: $250;
(e) For the fifth
and subsequent violation(s): $500.
(20) Failure to comply with OAR
735-150-0110(13),
concerning failure to remove foreign registration plates:
(a) For the first violation:
warning;
(b) For the second
violation: $50;
(c) For the third
violation: $100;
(d) For the fourth
and subsequent violation(s): $250.
(21) Failure to comply with OAR
735-150-0110(14),
concerning failure to destroy foreign registration plates:
(a) For the first violation:
warning;
(b) For the second
violation: $50;
(c) For the third
violation: $100;
(d) For the fourth
and subsequent violation(s): $250.
(22) Failure to comply with OAR
735-150-0110(15),
concerning the physical inspection of vehicle identification numbers:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(23) Failure to comply with OAR
735-150-0110(16),
concerning the sale of vehicles of a type not authorized by the dealer
certificate:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(24) Failure to comply with ORS
822.060(1)(a), (b), (c), (e), (h) or
(i), concerning consignment sales:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(25) Violations of ORS
822.060(1)(d), (f) or
(g) or
822.065, concerning consignment
sales:
(a) For the first violation:
$500;
(b) For the second and
subsequent violation(s): $1,000.
(26) Failure to comply with OAR
735-150-0110(20)
concerning making a false statement of material fact:
(a) For the first violation: $500;
(b) For the second and subsequent
violation(s): $1,000.
(27) Any violation of the Oregon Vehicle Code
or OAR chapter 735 not otherwise classified in this rule:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(28) Violations of OAR
735-150-0035 concerning dealer
records:
(a) For the first violation:
warning;
(b) For the second
violation: $500;
(c) For the third
and subsequent violation(s): $1,000.
(29) Violations of OAR
735-150-0045 and, ORS
822.082 through
822.084 concerning special rules
and statutory provisions for RV dealers:
(a)
For a certified dealer or person acting as a show organizer that conducts a
show without a license:
(A) For the first
violation: $250;
(B) For the second
violation: $500;
(C) For the third
and subsequent violation(s): $1,000.
(b) For failing to display a show license at
a show:
(A) For the first violation:
$250;
(B) For the second violation:
$500;
(C) For the third and
subsequent violation(s): $1,000.
(c) For a certified dealer or person acting
as a show organizer that fails to include a dealer in a show license
application:
(A) For the first violation:
$250;
(B) For the second violation:
$500;
(C) For the third and
subsequent violation(s): $1,000.
(d) For selling a new RV without maintaining
a service facility:
(A) For the first
violation: $250;
(B) For the second
violation: $500;
(C) For the third
and subsequent violation(s): $1,000.
(e) For selling a new RV while maintaining a
service facility that is not primarily engaged in the service and repair of
RVs:
(A) For the first violation:
$250;
(B) For the second violation:
$500;
(C) For the third and
subsequent violation(s): $1,000.
(f) For failing to prominently display the
location of the dealer's service facility at a sales facility or RV show:
(A) For the first violation:
Warning;
(B) For the second
violation: $500;
(C) For the third
and subsequent violation(s): $1,000.
(g) For subcontracting a service facility
rather than directing the service operation:
(A) For the first violation: $250;
(B) For the second violation: $500;
(C) For the third and subsequent
violation(s): $1,000.
(h) For a certified dealer or person acting
as a show organizer that conducts a show beyond the scope of the show license.
For example, for additional days or hours:
(A) For the first violation: $250;
(B) For the second violation: $500;
(C) For the third and subsequent
violation(s): $1,000.
(i) For submitting an application that
contains a false statement or omission of material fact:
(A) For the first violation: $250;
(B) For the second violation: $500;
(C) For the third and subsequent
violation(s): $1,000.
(j) Except as otherwise provided in OAR
735-150-0140, the following
apply for any violation of OAR
735-150-0045 and ORS
822.082 to
822.084:
(A) For the first violation: $250;
(B) For the second violation: $500;
(C) For the third and subsequent
violation(s): $1,000.
(30) Violation of OAR
735-150-0055 concerning vehicle
dealer document processing fees:
(a) For the
first violation: $250;
(b) For the
second violation: $500;
(c) For the
third and subsequent violation(s): $1,000.
(31) Violation of OAR
735-150-0037 concerning records;
satisfying prior interest; providing clear title:
(a) For the first violation:
Warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(32) Violation of OAR
735-150-0110(24),
concerning the unlawful use of any certificate or registration plate:
(a) For the first violation: $100;
(b) For the second violation: $500;
(c) For the third violation: $750;
(d) For the fourth and subsequent
violation(s): $1,000.
(33) Failure to comply with any provision of
ORS 822.047 or OAR
735-150-0110(19),
concerning the requirements for providing brokerage services:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(34) Violations of OAR
735-150-0033 and, ORS
822.040(4)
concerning the display of a vehicle at a location other than the dealers place
of business for the purpose of advertising:
(a) For the first violation:
Warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(35) Except as otherwise provided in this
rule, failure to comply with any provision of ORS
822.045:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(36) Failure to maintain the insurance
coverage described in OAR
735-150-0031
(1):
(a)
For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent
violation(s): $1,000.
(37) Violation of OAR
735-150-0110(21)
and ORS 822.605 concerning false
swearing relating to regulation of a vehicle dealer business: $1,000 for the
first and subsequent violation(s).
Statutory/Other Authority: ORS
184.616,
184.619,
802.010,
822.009 &
822.035
Statutes/Other Implemented: ORS
822.009,
822.035 &
822.045
