Oregon Bulletin
February 1, 2011
Rule
Caption: Specifies Procedures and
Requirement for the Collection and Transfer of County and District Registration
Fees.
Adm.
Order No.: DMV 22-2010
Filed with Sec. of
State: 12-22-2010
Certified to be
Effective: 12-22-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 735-032-0065
Subject: This rulemaking implements legislation enacted by the
2009 Legislative Assembly. In pertinent part, ORS 801.040, 801.041, 801.042,
802.110, and 803.445 authorize Oregon counties and districts to impose vehicle
registration fees that are in addition to state vehicle registration fees. ORS
803.445 requires DMV to implement these statutes by administrative rule. A
county or district that chooses to impose its own vehicle registration fees
must adopt an ordinance establishing the fees, and enter into an
intergovernmental agreement with DMV. DMV is required to collect vehicle
registration fees on behalf of any county or district that has established
registration fees, and to transfer collected fee amounts to the county or
district after deducting DMV’s expenses for the collection, transfer and
administration of the fees.
Chapter 865,
Oregon Laws 2009, which became effective September 28, 2009, amended ORS
801.041 to authorize Oregon counties with a population of 350,000 or more to
impose county vehicle registration fees to fund the construction of a bridge
that crosses the Willamette River in the City of Portland. For this purpose,
Multnomah County adopted Multnomah County Ordinance MCC §§ 11.250-11.256 to
impose Multnomah County vehicle registration fees on certain vehicles within
Multnomah County, pursuant to amended ORS 801.041. The ordinance became
effective September 1, 2010.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-032-0065
Collection of County or District
Registration Fees
(1) This rule specifies the procedures and requirements
when DMV collects county or district registration fees pursuant to ORS 801.040,
801.041, 801.042 and 803.445.
(2) As used in this rule the following definitions
apply:
(a) “County” means a unit of local government as
defined in ORS 190.003.
(b) “County or district ordinance” means an ordinance
enacted by the governing body of a county or district establishing registration
fees imposed on subject vehicles.
(c) “County or district registration fees” means county
vehicle registration fees or district vehicle registration fees established and
imposed under a county or district ordinance and collected by DMV upon
registration and renewal of registration of a subject vehicle.
(d) “District” means a unit of local government as
defined in ORS 190.003 and includes a mass transit or transportation district,
or a metropolitan service district, as defined in ORS 801.237.
(e) “Merchant fee” means the fee charged to DMV by a
credit or debit card company to process a credit or debit card transaction. DMV
is charged a merchant fee each time a customer pays registration fees,
including county or district registration fees, using a credit or debit card.
(f) “Registration” means the initial recording of a
vehicle as authorized for use within the State of Oregon pursuant to ORS
803.350.
(g) “Registration renewal” or “renewal” means an
extension of registration.
(h) “State registration fees” means the fee amounts
collected under ORS 803.420 upon initial registration or registration renewal
of a vehicle authorized to operate for use within the State of Oregon pursuant
to ORS 803.350.
(i) “Subject vehicle” means a vehicle registered or
required to be registered at a residence or business address within a county or
district and which is subject to a county or district registration fee.
(3) DMV will collect county or district registration
fees, upon request of a county or district qualified under ORS 801.041 or
801.042 to impose vehicle registration fees. DMV will collect county or
district registration fees in addition to state registration fees.
(4) Before collecting county or district registration
fees, the county or district must enter into an intergovernmental agreement
with DMV. The intergovernmental agreement will include the following:
(a) A citation of the county or district ordinance
number authorizing the imposition of county or district registration fees and
granting DMV authority to collect county or district vehicle registration fees;
(b) A description of each vehicle type subject to
county or district registration;
(c) For each vehicle type subject to county or district
registration fees, the county or district registration fee amount(s) and the
registration period(s);
(d) The date DMV will begin collecting county or
district registration fees;
(e) A per-transaction administrative fee to cover DMV
expenses, which will be deducted prior to transfer of county or district
registration fees to the county or district. A per-transaction administrative
fee does not include merchant fees, refunds or uncollectible debt;
(f) A description of how and when the moneys collected
by DMV under the agreement are paid to the county or district after the
deduction of DMV’s expenses for collection, transfer and administration of
county vehicle registration fees, and any deduction for credits described in
ORS 803.445(5); and
(g) The method for resolving disputes regarding
imposition and collection of a county or district registration fee by a vehicle
owner and payment of a refund if it is determined a fee was collected in error
or it is determined no county or registration fee is owing.
(5) DMV will transfer to the county or district the
moneys due on a monthly basis unless another basis is established in the
intergovernmental agreement between DMV and the county or district.
(6) This rule shall apply to collection of county or
district registration fees beginning September 1, 2010.
Stat. Auth.: ORS 184.616, 184.619,
190.110, 801.040, 801.041, 801.042, 802.010, 802.110, 803.420 & 803.445
Stats. Implemented: ORS 801.040,
801.041, 801.042, 802.110, 803.420 & 803.445
Hist.: DMV 22-2010, f. & cert.
ef. 12-22-10
Rule
Caption: Waives Customized Plate Fee for
the Congressional Medal of Honor Registration Plate.
Adm.
Order No.: DMV 23-2010
Filed with Sec. of
State: 12-22-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 11-1-2010
Rules Amended: 735-046-0050
Subject: This rulemaking implements legislation enacted by the
2010 Special Legislative Assembly:
DMV issues a
special license plate honoring individuals awarded the Congressional Medal of
Honor—the Congressional Medal of Honor registration plate. Because the
plate is a customized registration plate, an applicant pays a customized plate
fee, in addition to all other fees required for registration plates. The fee
for a pair of customized registration plates is an annual fee of $50.
At the time of
initial registration or renewal of registration, DMV collects $100 for a
two-year registration period or $200 for a four year registration period. The
fee for a duplicate or replacement customized registration plate is $5.00 at
the time of registration renewal or $10 at any other time.
Chapter 61,
Oregon Laws 2010, amended ORS 805.103, in part, to authorize DMV to waive the
customized registration plate fees established under ORS 805.250 for qualified
applicants for the Congressional Medal of Honor registration plate. The
legislative measure was introduced at the request of the Senate Interim
Committee on Veterans’ Affairs.
DMV has amended
OAR 735-046-0050 to waive the annual customized registration plate fee for the
Congressional Medal of Honor registration plate. DMV is not waiving the
duplicate or replacement customized registration plate fee.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-046-0050
Congressional Medal of Honor,
Elected Official and Consular Corps Plates
(1) Requirements and Qualifications. In addition to all
other requirements for registration, an applicant for Congressional Medal of
Honor plates, elected official plates or consular corps plates must submit to
DMV an application for registration and all applicable fees, including any fee
required for the custom plate requested. At the time of application, the
applicant must be the registered owner of the vehicle listed on the application
and:
(a) For Congressional Medal of Honor recipients, meet
the qualifications for issuance of Congressional Medal of Honor plates under
ORS 805.103 and this rule;
(b) For elected officials, meet the qualifications of
ORS 805.220, and hold the office specified on the application. DMV may contact
the Secretary of State to verify compliance with this subsection;
(c) For consular corps plates, provide proof to DMV
that the applicant is appointed by a foreign government as an honorary consul
and is acting in that capacity. Proof under this subsection is a copy of the
applicant’s current Consular Identification Card issued by the U.S. Department
of State, Office of Protocol.
(2) For purposes of section (1) of this rule, the
annual custom plate fee set forth in ORS 805.250(2)(a) for issuance or renewal
of Congressional Medal of Honor plates is waived and is not a required fee.
(3) Elected official plates are assigned to a specific
vehicle and — if requested by the applicant — are issued in
addition to the regular registration plates issued to the vehicle. The fee for
an elected official plate issued in addition to a regular series plate is the
plate manufacturing fee established under ORS 803.570. Elected official plates
may be transferred to another vehicle if:
(a) The vehicle to which the plates are to be
transferred is registered in the name of the elected official who qualifies for
the particular plate configuration; and
(b) The applicant submits to DMV a completed application
that identifies the vehicle to which the elected official plates are to be
assigned.
(4) Consular corps plates are assigned to a specific
vehicle and may only be transferred to another vehicle under section (4) of
this rule.
(5) Plate Transfer. In addition to all other
requirements for transferring registration plates, an applicant for a plate
transfer must submit to DMV a completed, signed application to transfer
registration plates and all applicable fees. At the time of transfer, the
applicant must be the registered owner of the vehicle listed on the
application. There is no plate transfer fee for elected official plates.
(6) Plate Configurations. The following plate
configurations are reserved as specified:
(a) For Congressional Medal of Honor recipients: Except
as provided in paragraph (B) of this subsection, the applicant may choose the
letter combination “MOH” or “CMH,” which will be followed by a single number
from 1 to 9, to be designated by DMV;
(A) A total of 18 pairs of Congressional Medal of Honor
plates are reserved for issuance to qualified Congressional Medal of Honor
recipients.
(B) When a Congressional Medal of Honor plate
configuration is issued, it will be removed from the list of available plates
and will not be issued again. For example, after plate configuration “CMH 1” is
issued, that configuration is no longer available. The next qualified applicant
is issued the next available plate number in numeric order.
(b) For elected officials:
(A) Governor: “GOVERNOR 1”;
(B) Secretary of State: “SECRETARY OF STATE 2”;
(C) State Treasurer: “STATE TREASURER 3”;
(D) President of the Senate: “PRESIDENT OF THE SENATE
4”;
(E) President pro tempore of the Senate: “SENATE
PRESIDENT PRO TEMPORE 4A”;
(F) Speaker of the House of Representatives: “SPEAKER
OF THE HOUSE OF REPRESENTATIVES 5”;
(G) Speaker pro tempore of the House: “SPEAKER OF THE
HOUSE PRO TEMPORE 5A”;
(H) State Senators: “STATE SENATOR” followed by the
applicable Senate district number;
(I) State Representatives: “STATE REP.” followed by the
applicable House district number;
(J) U.S. Senator: “U.S. SENATOR” followed by the number
1 or 2, depending on seniority;
(K) U.S. Representative: “U.S. REP.” followed by the
House District number; and
(c) For consular corps plates: “OFFICAL CONSULAR CORPS”
followed by a number assigned by DMV.
(7) In addition to the elected official plate for the
Governor under subsection (3)(b) of this rule, DMV will issue regular series
plates to the Governor upon request from the Governor’s office. The fee for a
regular series plate issued under this section is the plate manufacturing fee
established under ORS 803.570.
(8) The plates must be removed from the vehicle to
which they are assigned when the person no longer qualifies for elected
official plates or consular corps plates because the term of office or
appointment expires, or the person otherwise ceases to act in the official
capacity required to qualify for the plates. After removing the plates from the
vehicle, the person may surrender the plates to DMV or retain the plates as a
souvenir.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 805.103, 805.200, 805.205 & 805.220
Stats. Implemented: ORS 803.420,
803.530, 803.535, 805.103, 805.200, 805.220, 805.240, 805.242 & 805.250
Hist.: MV 25-1988, f. & cert.
ef. 10-3-88; MV 13-1992, f. & cert. ef. 10-16-92; DMV 23-2007(Temp), f.
12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 15-2008, f. & cert. ef.
6-23-08; DMV 22-2008, f. & cert. ef. 9-11-08; DMV 15-2009(Temp), f. &
cert. ef. 8-24-09 thru 2-17-10; DMV 1-2010, f. & cert. ef. 1-28-10; DMV
23-2010, f. 12-22-10, cert. ef. 1-1-11
Rule
Caption: Implied Consent Hearings.
Adm.
Order No.: DMV 24-2010
Filed with Sec. of
State: 12-22-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 11-1-2010
Rules Adopted: 735-090-0042
Rules Amended: 735-090-0000, 735-090-0020, 735-090-0101
Subject: A contested case hearing regarding a driver license
suspension under the implied consent laws currently is conducted in person
unless both parties agree to a telephone hearing. However, Chapter 37, Oregon
Laws 2010 (HB 3601) amends ORS 813.410 such that the hearings are to be held by
telephone or other two-way electronic device unless either the person or the
police officer requests that the hearing be held in person. The law requires
that DMV establish by rule the manner and time limitation requirements by which
a person or a police officer may request that a hearing be conducted in person.
Therefore, DMV has amended and adopted rules in OAR Chapter 735 Division 90 to
include:
• A definition for an in-person
hearing;
• Additional “other just cause”
reasons for a hearing to be outside of the timeline required in statute;
• Information on how and when a
petitioner may request an in-person hearing;
• A new rule establishing how and when
a police officer may request an in-person hearing; and
• A clearer description of the
location for holding an in-person hearing and a telephone hearing.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-090-0000
Definitions
As used in OAR 735-090-0000 through 735-090-0120,
unless the context requires otherwise:
(1) “Agency” means Driver and Motor Vehicle Services
Division (DMV) of the Oregon Department of Transportation.
(2) “Error of the Department,” as used in ORS 813.440(1)(c),
means:
(a) An act or omission of the agency or OAH, which by
its occurrence, prevented the petitioning party from participating in a
recorded or reported hearing that determines the validity of a suspension of
driving privileges; or
(b) An act or omission of the agency or OAH in issuing
a subpoena to a witness, including a police officer, to a recorded or reported
hearing that determines the validity of a suspension of driving privileges and
where the witness’ participation at the reported or recorded hearing is
required in order for the agency to establish the required elements under ORS
813.410(6); or
(c) An act or omission of the agency or OAH in issuing
a subpoena to a necessary witness where:
(A) The agency receives the petitioning party’s request
to subpoena a necessary witness more than 72 hours prior to the time and date
that a recorded or reported hearing that determines the validity of a
suspension of driving privileges is scheduled; and
(B) The act or omission, by its occurrence, prevented
the necessary witness from participating in the hearing; or
(d) An act or omission of the agency or OAH that
prevents a recorded or reported hearing that determines the validity of a
suspension of driving privileges from being conducted.
(3) “In-person hearing” means that at least one of the
petitioning party and at least one agency witness are present in the same
location as the Administrative Law Judge.
(4) “OAH” means the Office of Administrative Hearings
when it is performing services on behalf of the agency under OAR chapter 735
division 90.
(5) “Other just cause” as used in ORS 813.440(1)(f)
means:
(a) Circumstances beyond the reasonable control of the
petitioning party and beyond the ability of a reasonable person to foresee,
which:
(A) Prevented the petitioning party from filing a
timely request for a hearing as set forth in ORS 813.410(3); or
(B) Prevented the petitioning party from requesting the
agency or OAH to subpoena a necessary witness more than 72 hours prior to the
time and date that a recorded or reported hearing that determines the validity
of a suspension of driving privileges is scheduled; or
(C) Prevented the petitioning party from participating
in a recorded or reported hearing that determines the validity of a suspension of
driving privileges.
(b) Circumstances where a petitioning party moves for a
continuance of a hearing or a request that a necessary witness be subpoenaed to
a hearing and, due to circumstances beyond the control of the petitioning
party:
(A) The necessary witness does not appear at the
hearing because the necessary witness was unknown to the petitioning party
prior to a recorded or reported hearing that determines the validity of a
suspension of driving privileges; or
(B) The necessary witness does not appear at the
hearing and could not be served with a subpoena at least 72 hours prior to a
recorded or reported hearing that determines the validity of a suspension of
driving privileges.
(c) Circumstances beyond the control of a petitioning
party that require a continuance of a hearing because documentary evidence
referred to or presented at the hearing by a necessary witness was not provided
to the petitioning party either before or during the hearing.
(d) Circumstances beyond the control of the agency or
OAH that prevented an administrative law judge from conducting a recorded or
reported hearing that determines the validity of a suspension of driving
privileges.
(e) Circumstances that require the department to issue
a notice of amendment to an Implied Consent Combined Report (Form 735-0075) or
Implied Consent Blood Test Failure Report (Form 735-0055) and the petitioning
party is unable to file a timely request for hearing as set forth in ORS
813.410(3).
(6) “Necessary witness” means a witness whose testimony
is essential to support a material fact or position of the petitioning party.
The fact or position to be supported by the necessary witness must be within
the scope of an implied consent hearing as set forth in ORS 813.410(6).
(7) “Offense” means the alleged Driving While Under the
Influence of Intoxicants incident.
(8) “Petitioner” means the person whose driving
privileges may be suspended.
(9) “Petitioning Party” means the petitioner or the
petitioner’s attorney.
(10) “Received by DMV” means:
(a) Personally delivered to DMV Headquarters. 1905 Lana
Ave. NE, Salem, OR;
(b) Delivered by mail to DMV Headquarters, 1905 Lana
Ave. NE, Salem, OR 97314;
(c) Received by facsimile machine at telephone number
(503) 945-5521; or
(d) Received by electronic mail via the implied consent
hearing request form provided on DMV’s website – OregonDMV.com.
Stat. Auth.: ORS 183.341, 184.616,
184.619, 802.010, 813.410 & 813.440
Stats. Implemented: ORS 813.410
& 813.440
Hist.: MV 5-1984, f. 6-29-84, ef.
7-1-84; MV 10-1985, f. 9-19-85, ef. 9-20-85; Administrative Renumbering 3-1988,
Renumbered from 735-021-0100; MV 2-1991, f. & cert. ef. 3-18-91; MV
15-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 7-1997, f. & cert. ef.
9-18-97; DMV 21-2002, f. & cert. ef. 11-18-02; DMV 23-2004, f. & cert.
ef. 11-17-04; DMV 14-2007, f. & cert. ef. 12-24-07; DMV 24-2010, f.
12-22-10, cert. ef. 1-1-11
735-090-0020
Hearings Requests
(1) A hearing request must be in writing. The request
should include:
(a) Petitioner’s full name;
(b) Petitioner’s complete mailing address;
(c) Date of arrest;
(d) Petitioner’s Oregon driver license number;
(e) Petitioner’s date of birth;
(f) Telephone number where petitioner can be called
between 8 a.m. and 5 p.m.;
(g) Brief statement of the issues the petitioner
proposes to raise at the hearing; and
(h) Dates and times the petitioner or attorney cannot
participate in a hearing.
(2) A petitioner may request an in-person hearing
either as part of the hearing request or after the initial hearing request, but
the request for in-person hearing must be made within the time requirements
specified in section (4), (5) or (6) of this rule or be part of a request for
an untimely hearing, as appropriate.
(3) A request for an interpreter for a non-English
speaking petitioner must be part of the hearing request.
(4) To be considered timely, a hearing request
submitted pursuant to ORS 813.132 or 813.410(3), for failure of a breath test
or refusal of a breath, blood or urine test, must be received by DMV by the
tenth day following the arrest of the petitioner. Oregon Rules of Civil
Procedure 10A (ORCP 10A) will be used to determine the computation of time.
(5) To be considered timely, a hearing request
submitted pursuant to ORS 813.410(3), for failure of a blood test, must be
received by DMV by the tenth day from the date DMV sends notice of suspension.
ORCP 10A will be used to determine the computation of time.
(6) DMV will issue a final order denying an untimely
hearing request unless the petitioning party demonstrates that the request
should be granted under ORS 813.440.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth: ORS 183.341, 184.616,
184.619, 802.010, 813.410 & 813.440
Stats. Implemented: ORS 813.410
& 813.440
Hist.: MV 5-1984, f. 6-29-84, ef.
7-1-84; MV 10-1985, f. 9-19-85, ef. 9-20-85; Administrative Renumbering 3-1988,
Renumbered from 735-021-0110; MV 2-1991, f. & cert. ef. 3-18-91; MV
15-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 3-1996, f. & cert. ef. 7-26-96;
DMV 21-2002, f. & cert. ef. 11-18-02; DMV 23-2004, f. & cert. ef.
11-17-04; DMV 14-2007, f. & cert. ef. 12-24-07; DMV 24-2010, f. 12-22-10,
cert. ef. 1-1-11
735-090-0042
Police Officer Request for an
In-Person Hearing
A police officer may request that any hearing required
under ORS 813.410 be an in-person hearing. The request may be made by:
(1) Marking the box provided on the Implied Consent
Combined Report, Form 735-0075, or Implied Consent Blood Test Failure Report,
Form 735-0055; or
(2) Submitting a separate written request to DMV
Hearings Case Management Unit. The request may be:
(a) Personally delivered to DMV Headquarters. 1905 Lana
Ave. NE, Salem, OR;
(b) Delivered by mail to DMV Headquarters, 1905 Lana
Ave. NE, Salem, OR 97314; or
(c) Received by facsimile machine at telephone number
(503) 945-5521.
(3) To be considered timely, an officer’s in-person
hearing request submitted pursuant to ORS 813.132 or 813.410(3), for failure of
a breath test or refusal of a breath, blood or urine test, must be received by
DMV by the tenth day following the arrest of the petitioner. Oregon Rules of
Civil Procedure 10A (ORCP 10A) will be used to determine the computation of
time.
(4) To be considered timely, a hearing request
submitted pursuant to ORS 813.410(3), for failure of a blood test, must be
received by DMV by the 45th day following the arrest of the petitioner. ORCP
10A will be used to determine the computation of time.
Stat. Auth.: ORS 183.341, 184.616,
184.619, 802.010, 813.410 & 813.440
Stats. Implemented: ORS 813.410
& 813.440
Hist.: DMV 24-2010, f. 12-22-10,
cert. ef. 1-1-11
735-090-0101
Hearing Location
(1) Except as provided in section (2) of this rule, an
in-person hearing will be held either in the county where the alleged offense
occurred or at any place within 100 air miles of the place where the offense is
alleged to have occurred. There is no location restriction when a hearing is
conducted by telephone or other two-way electronic communication device.
(2) If there is a mutual agreement between the
petitioning party and DMV, an in-person hearing may be held at a location
outside of either the county where the alleged offense occurred or 100 air
miles of the place where the offense is alleged to have occurred.
Stat. Auth.: ORS 183.341, 184.616,
184.619, 802.010, 813.410 & 813.440
Stats. Implemented: ORS 813.410
& 813.440
Hist.: DMV 23-2004, f. & cert.
ef. 11-17-04; DMV 2-2007, f. & cert. ef. 1-24-07; DMV 24-2010, f. 12-22-10,
cert. ef. 1-1-11
Rule
Caption: Increases Fee Amounts Vehicle
Dealers may Charge Customers to Process Title and Registration Documents.
Adm.
Order No.: DMV 25-2010
Filed with Sec. of
State: 12-22-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 11-1-2010
Rules Amended: 735-150-0055
Subject: ORS 822.043 authorizes DMV to adopt rules to limit the
(service) fee amounts that a licensed vehicle dealer may charge to prepare
title and registration documents on behalf of a buyer or lessee (vehicle
consumer). Pursuant to the statute, the (minimum) limit on service fees may not
be less than:
(a) $75 if the
dealer prepares title and registration documents and uses an integrator; or
(b) $50 if the
dealer prepares hardcopy title and registration documents and does not use an
integrator. An integrator is a third party independent contractor that
facilitates the electronic submission of title and registration paperwork
between a dealer and DMV.
Previously under
OAR 735-150-0055, the (maximum) service fees could not exceed $75, if the dealer
prepares title and registration information using an integrator, or exceed $50
if the dealer prepares title and registration documents in hardcopy form and
does not use an integrator. So the maximum fee amounts limited by OAR
735-150-0055 were the same as the minimum fee amounts established under ORS
822.043. Those fee amounts had not changed since 2005. Since that time,
inflation has increased the costs to dealers to prepare title and registration
documents.
The amendment of
OAR 735-150-0055 increases each service fee amount by $25. The amendment
increases the maximum service fee amounts from $75 to $100 if the dealer
prepares title and registration documents and uses an integrator and from $50
to $75 if the dealer prepares hardcopy title and registration documents and
does not use an integrator. The fee increase was reviewed in advance by the
Oregon Dealer Advisory Committee.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-150-0055
Dealer Title and Registration
Document Preparation Service Fee; Inspection
(1) In accordance with ORS 822.043 and this rule, a
vehicle dealer who elects to prepare DMV documents necessary to issue or
transfer vehicle title and registration on behalf of a buyer or lessee, may
charge the buyer or lessee a service fee not to exceed:
(a) $100, if the vehicle dealer uses an integrator; or
(b) $75, if the vehicle dealer does not use an
integrator.
(2) DMV may inspect dealer records for compliance with
the fee limitations described in section (1) of this rule. DMV may refer information
related to non-compliance with the requirements of ORS 822.043 and this rule to
the Department of Justice, or any other enforcement agency.
(3) Dealers must implement procedures to ensure that
the fees described by this rule do not exceed the amounts set forth in section
(1) of this rule. Fee amounts that exceed the authorized amount must be
promptly refunded to the buyer or lessee.
Stat. Auth.: ORS 184.616, 814.619,
802.010, 822.009, 822.035 & 822.045
Stats. Implemented: ORS 822.009,
822.030, 822.035 & 822.045
Hist.: 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
24-2005, f. 11-18-05, cert. ef. 1-1-06; DMV 25-2010, f. 12-22-10, cert. ef.
1-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |