Or. Admin. Code § 735-040-0110

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

Section 735-040-0110 - Special Registration Plates; Nonprofit Groups, Qualifications; Application, Approval

(1) A nonprofit group that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225, must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076), a copy of the nonprofit group's bylaws, and documentation sufficient to demonstrate to DMV that:

(A) The nonprofit group meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code, including the nonprofit group's articles of incorporation and an IRS exemption determination letter, or similar IRS document granting the nonprofit group tax exempt status, and containing the nonprofit group's federal or IRS identification number; and

(B) The nonprofit group, or a chapter of the nonprofit group, is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the nonprofit group, or other person authorized by the nonprofit group to act as the nonprofit group's representative for purposes of the nonprofit group's special registration plate.

(c) The nonprofit group's requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) For a nonprofit group representing an institution of higher education, written authorization from the institution stating the nonprofit group is eligible to obtain a special registration plate on behalf of that institution.

(e) A $5,000 preapproval fee to cover DMV's costs to review the group's application and requested plate design for compliance with ORS 805.222 to ORS 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(f) Any other information DMV considers necessary to determine the group is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV will not issue special registration plates for a nonprofit group with a plate currently issued by DMV under ORS 805.205 and OAR 735-040-0045 until:

(a) The inventory of the nonprofit group's plate is depleted; or

(b) The nonprofit group reimburses DMV's plate manufacturing costs and any costs associated with the destruction of any remaining inventory of the nonprofit group's plate.

(4) DMV may deny a nonprofit group's eligibility for a special registration plate if:

(a) The nonprofit group's application is incomplete or contains false information;

(b) The nonprofit group is not authorized to use the requested plate design;

(c) The requested plate design does not meet the requirements specified in OAR 735-040-0125 (plate design); or

(d) The nonprofit group fails to provide any information requested by DMV, or fails to meet any requirement of the special registration plate program under ORS 805.222 to 805.225, or DMV rule.

(5) DMV will notify the nonprofit group in writing if:

(a) The nonprofit group's application or requested plate design requires additional information or modification.

(b) DMV approves the nonprofit group's application or requested plate design.

(c) DMV denies the nonprofit group's application or requested plate design.

(d) DMV withdraws the nonprofit group's eligibility or ceases production or issuance of the nonprofit group's plate.

(6) Upon DMV's approval of the nonprofit group's application and requested plate design, DMV will send the group 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the group must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between DMV and the nonprofit group for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the nonprofit group's plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV's anticipated costs of adding the nonprofit group's plate to the special registration plate program. When estimating DMV's anticipated costs, the department will include the remaining balance of any unexpended preapproval fees paid to DMV under section (1)(e) of this rule.

(c) The "DMV Copy" of each prepaid voucher form;

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers);

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(C) The total number of unsold vouchers; and

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers;

(f) The name of the financial institution and account number designated by the nonprofit group for the deposit of plate surcharge fees (minus DMV's administrative costs) collected by DMV from the sale of the group's special registration plate; and

(g) The nonprofit group's final approved plate design, in an electronic format designated by the department.

(7) The fees submitted to DMV under subparagraph (6)(a)(A) of this rule are nonrefundable.

(8) An eligible nonprofit group must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the group continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(9) The nonprofit group must notify DMV immediately if:

(a) There is a change in any information listed on the nonprofit group's application or most recent statement of continuing eligibility; or

(b) The nonprofit group ceases to exist, or no longer meets the eligibility requirements for a nonprofit group under ORS 805.222 to 805.225, or DMV rule.

(10) DMV may withdraw eligibility and cease to issue a nonprofit group's special registration plate if:

(a) The nonprofit group fails to provide any information requested by DMV;

(b) DMV determines the nonprofit group is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the nonprofit group's plate;

(c) The nonprofit group fails to submit an Annual Statement of Continuing Eligibility form as required under section (8) of this rule; or

(d) The nonprofit group fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(11) DMV shall cease production of a nonprofit group's plate if:

(a) DMV does not issue 2,000 sets of the nonprofit group's plate in any one year. For purposes of this subsection, the year begins on the day that the group's special registration plate is initially offered for sale;

(b) The group ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the group's plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

Or. Admin. Code § 735-040-0110

DVM 3-2016, f. 6-22-16, cert. ef. 7/1/2016

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225

Stats. Implemented: 805.222 & 805.225