Or. Admin. Code § 735-152-0020

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

Section 735-152-0020 - Refusal to Issue and Probationary Status of Dismantler Certificate

(1) DMV will not issue or renew a dismantler certificate or supplemental certificate to any applicant when it determines:

(a) The application is incomplete or information contained in the application is false;

(b) A principal of the applicant is financially or operationally involved with any vehicle business whose certificate or right to apply for a certificate is currently suspended, canceled or revoked; or

(c) A principal of the applicant:

(A) Has been convicted of a violation of any provision of ORS Chapter 822 within the five years preceding the date of the application;

(B) Has been convicted in any jurisdiction outside of the state of Oregon of any violation of that jurisdiction's statutes relating to vehicle businesses, vehicle registration, title transfers or stolen vehicles within the five years preceding the date of the application; or

(C) Is currently affected by any type of administrative sanction or penalty that prohibits the principal from conducting a vehicle business and relates to vehicle businesses, vehicle registration, title transfers or stolen vehicles in a jurisdiction outside of the state of Oregon.

(D) Has been convicted of an offense under ORS 468.922, 468.926, 468.929, 468.931, 468.936, 468.939, 468.943 or 468.946.

(2) DMV will not issue or renew a dismantler certificate or supplemental certificate until it is satisfied the applicant meets all requirements for issuance of a certificate under ORS Chapter 822 and OAR 735, division 152.

(3) DMV will not issue or renew a dismantler certificate or supplemental certificate if DMV disapproves the fire response plan submitted in accordance with OAR 735-152-0005.

(4) DMV may issue or renew a dismantler certificate or supplemental certificate on a probationary basis if a principal of the applicant is financially or operationally involved with another vehicle business whose certificate or right to apply for a certificate is currently on probation.

(5) DMV will retain the fees paid with an application to cover processing costs when it refuses to issue a certificate.

(6) An applicant who has been refused issuance of a dismantler certificate is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(7) The refused applicant's request for a hearing must be submitted in writing and received by DMV, within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of an initial or supplemental certificate, pending the outcome of the hearing. In case of a refusal to renew, the dismantler may continue to operate under the old certificate in accordance with ORS 183.430(1), pending the outcome of the hearing, except when DMV finds that such continued operation would constitute a serious danger to the public health or safety and extends the hearing request period to 90 days in accordance with ORS 183.430(2).

(8) When an applicant fails to file a timely request for hearing, the applicant defaults, DMV's file shall constitute the record of the case, and the order of refusal shall become final.

Or. Admin. Code § 735-152-0020

MV 10-1991, f. & cert. ef. 8-20-91; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 37-2019, amend filed 12/17/2019, effective 1/1/2020

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 & 822.145