Or. Admin. Code § 735-150-0140

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-150-0140 - Schedule of Civil Penalties for Certified Dealers

(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).

Or. Admin. Code § 735-150-0140

MV 22-1991, f. 9-27-91, cert. ef. 9-29-91; MV 19-1992, f. 12-23-92, cert. ef. 1-1-93; DMV 6-1994, f. & cert. ef. 7-21-94; DMV 2-1996, f. & cert. ef. 4-18-96; DMV 10-1998, f. & cert. ef. 8-20-98; DMV 12-1998(Temp), f. & cert. ef. 9-14-98; DMV 12-1998(Temp), f. & cert. ef. 9-14-98 thru 3-12-99; DMV 2-1999, f. & cert. ef. 2-19-99; DMV 8-2000, f. & cert. ef. 8-10-00; DMV 10-2001, f. & cert. ef. 6-14-01; DMV 22-2001(Temp), f. & cert. ef. 10-17-01 thru 4-14-02; DMV 26-2001 f. 12-14-01, cert. ef. 1-1-02; DMV 18-2002, f. & cert. ef. 9-20-02; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06; DMV 3-2014, f. & cert. ef. 5-19-14; DMV 9-2015, f. 11-17-15, cert. ef.1/1/2016; DMV 12-2017, f. & cert. ef. 7/24/2017; DMV 2-2018, minor correction filed 01/23/2018, effective 1/23/2018

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.009 & 822.035

Statutes/Other Implemented: ORS 822.009, 822.035 & 822.045