Or. Admin. Code § 735-040-0120

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

Section 735-040-0120 - Special Registration Plates; Public Bodies, Qualifications; Application, Approval

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

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076) and documentation sufficient to demonstrate to DMV that:

(A) The public body is a "public body" as defined in ORS 174.109 and OAR 735-040-0040, including a written certification on the public body's letterhead from an authorized representative of the public body stating the public body is authorized by law to apply for a special registration plate and to allocate the funds necessary to obtain a special registration plate. The public body must provide the citation of the applicable law in its certification.

(B) The public body, or an office of the public body, is physically located in Oregon.

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

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

(e) Any other information DMV considers necessary to determine the public body 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 may deny a public body's eligibility for a special registration plate if:

(a) The public body's application is incomplete or contains false information;

(b) The public body 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 public body fails to provide any information requested by DMV, or fails to meet any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(4) DMV will notify the public body in writing if:

(a) The public body's application or requested plate design requires additional information or modification;

(b) DMV approves the public body's application or requested plate design;

(c) DMV denies the public body's application or requested plate design; or

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

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

(a) A fully executed licensing agreement between and DMV and the public body, for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the public body'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 public body's plate to the special registration plate program. When estimating DMV's anticipated costs, the department will consider the balance of any unexpended preapproval fees provided under section (1)(d) 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 public body for the deposit of plate surcharge fees (minus DMV's administrative costs) collected by DMV from the sale of the public body's special registration plate; and

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

(6) The fees submitted to DMV under subparagraph (5)(a)(A) of this rule are nonrefundable.

(7) An eligible public body must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV, certifying the public body 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.

(8) The public body must notify DMV immediately if:

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

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

(9) DMV may withdraw eligibility and cease to issue a public body's special registration plate if:

(a) The public body fails to provide any information requested by DMV;

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

(c) The public body fails to submit an Annual Statement of Continuing Eligibility form as required under section (7) of this rule; or

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

(10) DMV shall cease production of a public body's plate if:

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

(b) The public body 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 public body'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.

(11) Except for the reason described in subsection (10)(a) of this rule, when DMV ceases production of a public body's plate it will destroy all remaining plate inventory.

Or. Admin. Code § 735-040-0120

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