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Oregon Bulletin

June 1, 2011

 

Department of Transportation,
Driver and Motor Vehicle Services Division
Chapter 735

Rule Caption: Clarifies Requirements for Surety Bond Upon Initial Application or Renewal of Vehicle Dealer Certificate.

Adm. Order No.: DMV 5-2011

Filed with Sec. of State: 4-22-2011

Certified to be Effective: 4-22-11

Notice Publication Date: 3-1-2011

Rules Amended: 735-150-0015

Subject: Pursuant to ORS 822.030, a surety bond is required for a person to qualify for a vehicle dealer certificate (ORS 822.020), or for the renewal of a certificate (ORS 822.040).

      Previously, OAR 735-150-0015 stated that an applicant for a vehicle dealer certificate must submit a DMV Surety Bond form to DMV upon initial application and again at renewal. However, for the purpose of renewing a certificate, an applicant should not be required to submit a DMV Surety Bond form if prior bond coverage is still valid. The amendment revised rule language to specify that an applicant for renewal is required to submit a DMV Surety Bond form if the applicant is submitting a new surety bond with the renewal application. If the applicant is not submitting a new bond, the applicant is only required to provide proof acceptable to DMV that the required bond is in effect at the time of renewal.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-150-0015

Dealer Applications

(1) An applicant for a vehicle dealer certificate under ORS 822.020 must submit the following to the DMV Business Regulation Section:

(a) A completed and signed DMV Application for Vehicle Dealer Certificate form;

(b) A completed and signed DMV Surety Bond form;

(c) A completed and signed DMV Certificate of Insurance form or DMV Certificate of Exemption form;

(d) State-issued picture identification (a copy of driver license or identification card) for each owner, partner, principal corporate officer, etc.;

(e) All applicable fees; and

(f) The following documentation certifying completion of the education and test requirements prescribed by ORS 822.027:

(A) A certificate of education completion issued by an authorized education provider as evidence that the applicant has completed the education requirements under ORS 822.027(1)(a); or

(B) A completed and signed DMV Education Requirements Certification of Exemption form, if an applicant is exempt from the education and test requirements under ORS 822.027(2).

(2) An applicant for a renewal of vehicle dealer certificate under ORS 822.040 must submit the following to the DMV Business Regulation Section:

(a) A completed and signed DMV Application for Vehicle Dealer Certificate form;

(b) A completed and signed DMV Surety Bond form, if the applicant is submitting a new bond, or proof acceptable to DMV that a valid surety bond is in effect at the time of renewal. Proof includes, but is not limited to a notation on DMV records or other evidence acceptable to DMV that the required bond is in effect.

(c) A completed and signed DMV Certificate of Insurance form or DMV Certificate of Exemption form;

(d) State-issued picture identification (a copy of driver license or identification card) for each owner, partner, principal corporate officer, etc.;

(e) All applicable fees; and

(f) The following documentation certifying completion of the education and test requirements prescribed by ORS 822.027:

(A) A certificate of education completion issued by an authorized education provider as evidence that the applicant has completed the education requirements under ORS 822.027(1)(b); or

(B) A completed and signed DMV Education Requirements Certification of Exemption form, if an applicant is exempt from the education and test requirements under ORS 822.027(3).

(3) In addition to the requirements of sections (1) and (2) of this rule, the applicant must submit a completed and signed DMV Supplemental Dealer/Rebuilder Dealer Certificate form for each additional business location other than the dealer’s primary business location.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 803.030, 822.020, 822.025, 822.027, 822.040

Stats. Implemented: ORS 802.012, 803.030, 822.020, 822.025, 822.027, 822.040

Hist.: DMV 4-1996, f. & cert. ef. 7-26-96; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 5-2011, f. & cert. ef. 4-22-11

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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