Oregon Bulletin
June 1, 2011
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.
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