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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 40

PARTICULAR VEHICLES/PERSONS

735-040-0000

Special Interest Registration

(1) "Established Organization" for the purpose of this rule is as defined in OAR 735-040-0010.

(2) "Sanctioned By" for the purpose of this rule means the vehicle has been appraised under the standards set by an established organization, and the vehicle has received a certification from the organization that this vehicle qualifies, based on these standards, as a vehicle of special interest.

(3) "Special Interest Registration" means the permanent registration under ORS 805.020 for vehicles of special interest. Also any documents or devices issued or approved as evidence of that registration.

(4) "Vehicle of Special Interest" is as defined in ORS 801.605.

(5) To qualify for special interest registration the vehicle owner shall submit to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):

(a) A declaration verifying that the vehicle qualifies as a vehicle of special interest and that the vehicle will be maintained as a collector's item;

(b) A certification from an established organization verifying that they sanctioned the vehicle as a vehicle of special interest. This certification shall not be required for vehicles having a year model that is at least 25 years old on the date of application; and

(c) The permanent registration fee established under ORS 803.420(7).

(6) The vehicle owner shall meet all other applicable requirements for title and registration.

(7) DMV shall provide forms for the purpose of compliance with section (5) of this rule. DMV may approve declarations or certifications on forms other than those provided by DMV.

(8) Vehicles of special interest may be registered:

(a) With special interest registration plates furnished by the applicant and approved by DMV as provided in ORS 805.210; or

(b) With registration plates issued by DMV for the purpose of reflecting special interest registration. Such plates shall have an (SP) prefix.

Stat. Auth.: ORS 801.605, ORS 802.010, ORS 803, ORS 805.020, ORS 805.030 & ORS 805.210
Stats. Implemented: ORS 801.605 & ORS 805.020 thru ORS 805.030
Hist.: MV 9-1980, f. & ef. 5-27-80; MV 28-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-071-0057

735-040-0010

Established Organizations — Vehicles of Special Interest

(1) "Established Organization" for the purpose of this rule and OAR 735-040-0000 means an organization that:

(a) Has a charter or set of bylaws providing for the preservation, promotion, appreciation or display of vehicles of special interest or antique vehicles, or is a recognized entity formed under the laws of a parent organization that has such a charter or bylaws;

(b) Has a set of standards relating to upkeep and to the preservation of vehicles identified in such charter or bylaws;

(c) Has a membership of at least ten people;

(d) Is recognized within the State of Oregon by at least four other organizations as promoting the preservation of vehicles of special interest; and

(e) Has made application to Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) and has been designated as an "established organization" by DMV.

(2) DMV shall designate organizations as established organizations. Only those so designated shall sanction vehicles as vehicles of special interest for the purpose of registration under ORS 805.020.

(3) Organizations who want to be so designated shall file with DMV all of the following:

(a) A copy of their charter or by-laws;

(b) A copy of their standards for vehicles whose preservation they promote;

(c) The names and addresses of persons within their organization who are authorized to verify that particular vehicles meet the organization's standards, and are sanctioned as vehicles of special interest; and

(d) A letter(s) from four other such organizations indicating that the organization is recognized for promoting the preservation of special interest vehicles.

(4) DMV shall notify organizations of their designation as an established organization when their request has been approved.

(5) Established organizations shall:

(a) Maintain current information on file with DMV at all times on the names and addresses of persons authorized to sanction vehicles as vehicles of special interest;

(b) Maintain current information on file with DMV at all times on the organization's charter, bylaws and standards;

(c) Not limit their sanctioning of vehicles to vehicles owned by members of their organization;

(d) Notify DMV within 30 days from the date the organization ceases to meet any of the requirements for designation as an established organization; and

(e) Notify DMV immediately should the organization choose to no longer sanction vehicles as vehicles of special interest for the purpose of vehicle registration.

(6) DMV may cancel an organization's designation as an established organization if DMV determines that:

(a) The organization does not meet the requirements for designation as an established organization;

(b) The organization has provided a false certification sanctioning a vehicle as a vehicle of special interest; or

(c) The organization has failed to comply with section (5) of this rule.

Stat. Auth.: ORS 801.605, ORS 802.010, ORS 803, ORS 805.020, ORS 805.030 & ORS 805.210
Stats. Implemented: ORS 801.605 & ORS 805.020 - ORS 805.030
Hist.: MV 28-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0040

735-040-0020

Definition of a Federally Recognized Indian Tribe

As used in ORS 805.040, a "federally recognized Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians.

Stat. Auth.: ORS 802.010 & ORS 805.040
Stats. Implemented: ORS 805.040
Hist.: MV 19-1985, f. 12-30-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0020

735-040-0030

Documents Needed to Issue Disabled Veteran Registration Plates

In addition to any other registration requirements, an applicant for disabled veteran registration plates must submit the following to DMV:

(1) A completed and signed Application for Disabled Veteran Plates (DMV Form 6736) and all applicable fees.

(2) A letter, including a form DD214, issued by the U.S. Department of Veterans Affairs or any branch of the Armed Forces of the United States showing the applicant is a disabled veteran.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.100
Stats. Implemented: ORS 805.100
Hist.: MV 27-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0050; MV 22-1989, f. & cert. ef. 10-3-89; DMV 6-1996, f. & cert. ef. 8-15-96; DMV 2-1998, f. & cert. ef. 2-19-98; DMV 16-2006, f. & cert. ef. 11-17-06; DMV 15-2011, f. 12-22-11, cert. ef. 1-1-12

Group Plates for Veterans' Organizations, Higher Education and Non-profit Groups

735-040-0040

Definitions

As used in OAR 735-040-0040 through 735-040-0100:

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Department of Transportation.

(2) “Gold Star Family registration plate” means a registration plate issued to a surviving family member of a person killed in action during an armed conflict while serving in the Armed Forces of the United States.

(3) “Group plates” means plates issued under ORS 805.205 for institutions of higher education and non-profit groups who are tax exempt under 501 (c)(3) of the Internal Revenue Code.

(4) “Group” means any organization or institution that applies for or receives approval for the issuance of group plates naming or describing that organization or the institution that they represent.

(5) “Institution of Higher Education” or “institution” means a post secondary institution that has been awarded and currently holds accreditation by the respective commissions of one of six regional accrediting associations that include the:

(a) Northwest Association of Schools and Colleges;

(b) Middle States Association of Colleges and Schools;

(c) New England Association of Schools and Colleges;

(d) North Central Association of Colleges and Schools;

(e) Southern Association of Colleges and Schools; and

(f) Western Association of Schools and Colleges.

(6) “Non-profit group” means a non-profit group that meets the qualifications for tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

(7) “An expression of political opinion” includes words, letters or names that:

(a) Connote or denote issues commonly associated with politics or the political process;

(b) Connote or denote social issues or causes that have become factionalized and thus have taken on their own political status (e.g., abortion, environmental issues, etc.);

(c) Connote or denote a definable class of persons and that ridicule or support superiority of that class; or

(d) Promote or discourage social causes, or that ridicule or support superiority of a class or are political.

(8) “An expression of religious belief” means words, letters or names that affirm or support a particular religion or creed, express adherence to a particular sect or denomination, express belief in or the absence of belief in a supreme being or promote or discourage any form of exercise of religion.

(9) “Veterans' group” as used in ORS 805.105 and Division 40 rules, means a group or organization that meets the qualifications for veterans’ recognition registration plates under OAR 735-040-0080.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.205 & 805.105
Stats. Implemented: ORS 805.205 & 805.105
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08

735-040-0055

Qualifications; Higher Education Group Plates

(1) To request issuance of Higher Education group plates an institution of higher education must qualify by submitting written documentation sufficient to satisfy DMV that:

(a) The group is physically located in Oregon or has a chapter that is physically located in Oregon; and

(b) The group is an institution of higher education or is representing an institution of higher education to obtain group plates for that institution.

(2) The applicant must submit an application and fees to DMV that complies with OAR 735-040-0095.

Stat. Auth.: ORS 184.616 184.619, 805.205, 805.206
Stats. Implemented: ORS 805.205, 805.206
Hist.: DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04

735-040-0061

Qualifications; Non-Profit Group Plates

(1) To request issuance of non-profit group plates a non-profit organization must qualify by submitting written documentation sufficient to satisfy DMV that:

(a) The group is physically located in Oregon or has a chapter that is physically located in Oregon; and

(b) The group is registered with the IRS as a 501(c)(3) non-profit corporation or foundation. Such proof must be a copy of the ruling or determination letter issued by the IRS granting tax-exempt status under 501(c)(3), and must include a federal identification number or IRS identification number for the 501(c)(3) non-profit corporation.

(2) The applicant must submit an application and fees to DMV that complies with OAR 735-040-0097.

Stat. Auth.: ORS 184.616 184.619, 805.205, 805.206
Stats. Implemented: ORS 805.205, 805.206
Hist.: DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04

735-040-0070

Plate Design

(1) Group plates shall:

(a) As provided under ORS 805.205, be from the "current regular issue," which as used here means:

(A) The plate design currently in use for most vehicles registered with DMV, whether or not that is the design used for all vehicle or registration types for which group plates may be issued; and

(B) Is the plate design chosen by the Oregon Transportation Commission from entries in the contest held pursuant to Chapter 572, Oregon Laws, 1987, but with the blue sky as provided by ORS 803.538.

(b) Contain plate configurations (identification assigned by DMV) and a word, words or initials naming or describing the group, and any other information determined by DMV, the design and placement of which shall be determined by DMV.

(2) All of the following apply to the word, words or initials used to name or describe the group. They shall:

(a) Be determined by DMV after consultation with the group;

(b) Contain only alphabetic (A-Z) or numeric (0-9) characters;

(c) Be distinctive so as to distinguish the group from similar groups and from any other registration or plate type;

(d) Conform to the restrictions in ORS 805.205;

(e) Not contain words prohibited under DMV's custom plate rules (OAR 735-046-0000 and 735-046-0010). DMV shall apply the same standards as used in the custom plate rules when determining whether to preclude a word(s) under this subsection or to take cancellation action on any plates that may have been issued;

(f) Be made part of the plate through the plate manufacturing process and not be in the form of a sticker or decal;

(g) Be of the same color as is used for the plate configuration;

(h) Be of a size and style and limited in number of characters, as determined by DMV, so as to:

(A) Fit in the available space;

(B) Be readable;

(C) Not interfere with other portions of the plate or make those other portions less distinguishable from a distance; and

(D) Be consistent in design with similar plates issued by DMV.

Stat. Auth.: ORS 184.616 & ORS 805.205
Stats. Implemented: ORS 805.205
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94

735-040-0080

Veterans’ Groups Qualifications; Veterans’ Recognition Registration Plates

(1) To become eligible for veterans’ recognition registration plates issued under ORS 805.105, and this rule, a veterans’ group must submit the following to DMV:

(a) A completed and signed Application for Approval of Veterans’ Group Plates (DMV Form 7069), a copy of the group’s bylaws, and documentation sufficient to DMV that:

(A) The group is a non-profit organization established to recognize, represent or support a branch of the Armed Forces of the United States; and

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

(b) The name, address and phone number of:

(A) Each group offical, officer and director; and

(B) A person authorized by the group to act as the group’s representative for purposes of veterans’ recognition registration plates.

(c) The words, initials or copy of the service-related decal requested to appear on the group’s plate. The group’s representative must certify that the group is authorized to use the information or materials submitted under this subsection;

(d) If applicable, any requested restriction on the issuance of the group’s plates as described under OAR 735-010-0090;

(e) An estimate of the number of plates the group will sell during the 12-month period following the date of application;

(f) Fees estimated by DMV to cover its costs to design and produce the requested plates; and

(g) The financial institution and account number selected by the group for the deposit of plate surcharge amounts collected by DMV from the sale of the group’s veterans’ recognition registration plates. If no information is provided, collected surcharge amounts will be deposited in the trust fund established under ORS 406.050 for paying the expenses of operating the Oregon Veterans’ Home.

(2) DMV may request a veteran’s group to provide any information it considers necessary to determine a group’s eligibly for veterans’ group registration plates or to verify the group is authorized to use requested words, initials or a service-related decal.

(3) DMV will not issue veterans' recognition registration plates to a group if it determines:

(a) The group does not meet the requirement for veterans’ recognition plates under ORS 805.105 or this rule;

(b) The group’s application is incomplete or if the application contains false information;

(c) The words, initials or service-related decal requested for use on the group’s plates do not correctly name, identify or represent the group or are not authorized for use on veterans’ recognition registration plates; or

(d) The authorized representative fails to provide information or documentation requested by DMV.

(4) DMV may stop issuing a group’s veterans’ recognition plates or withdraw a group’s eligibility if the group:

(a) Is not authorized to use words, initials or a service-related decal previously approved for use on the group’s veterans’ recognition plates;

(b) Fails to file an annual statement of continuing eligibility as required under section (5) of this rule; or

(c) Fails to meet or comply with any other requirement for veterans’ recognition plates under ORS 805.105 or this rule.

(5) DMV will notify the group upon DMV’s approval or denial of the group’s application, or upon withdrawal of group’s eligibility.

(6) Once approved as an eligible group, the group must file an annual statement of continuing eligibility certifying the group continues to meet the requirements for a veteran’s group.

(7) The group must notify DMV immediately if:

(a) There is a change in the name, address or phone number of a group official or the group’s authorized representative listed on the group’s most recent application or annual eligibility statement; or

(b) The group is dissolved or no longer meets the eligibility requirements for a veteran’s group under this rule.

Stat. Auth.: ORS 184.616 184.619, 805.205 & 805.206
Stats. Implemented: ORS 805.205 & 805.206
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08

735-040-0090

Veterans’ Recognition Registration Plates for Veterans' Groups; Restrictions on Issuance; Proof of Veteran Status

(1) Issuance of veterans’ recognition registration plates may be restricted to certain persons as provided under Section (2), ORS 805.105(1)(c) and this rule. Conditions for restrictions are as follows:

(a) Restrictions on issuance of a particular veterans’ recognition registration plate as requested by a veterans’ group must relate to a person's service in the Armed Services of the United States. For example:

(A) DMV may approve a request to restrict issuance of a particular veterans’ recognition registration plate to only veterans or to only those awarded a Purple Heart medal; and

(B) DMV will not approve a request to restrict veterans’ recognition registration plate issuance to only veterans who are members of a particular group.

(b) A veteran’s group requesting a restriction on plate issuance must do so on the initial Application for Approval of Veteran Group Plates. The group must describe the restriction(s) and the basis for the restriction;

(c) All restrictions must be approved by DMV.

(d) If a requested restriction is approved, DMV will consult the group in determining the criteria DMV will use in issuing veterans’ recognition registration plates for that group.

(2) Veterans’ recognition registration plates may not be issued as custom plates, or in conjunction with any other special registration or plate type.

(3) When a veterans’ group approved by DMV, or the Director of Veterans’ Affairs requires proof of veteran status or proof of receipt of a service-related medal, or the applicant requests “Gold Star Family” registration plates, DMV will accept the following as proof of eligibility:

(a) For plates that include a decal depicting an insignia of a branch of the Armed Services:

(A) For military service 1950 or after, a Defense Department Form 214, Certificate of Release or Discharge from Active Duty (DD 214), a Correction to DD 214 Form (DD 215); or

(B) For military service before 1950, a separation document or form issued by a branch or department of the US Armed Services.

(b) For a veterans’ group with a service-related restriction approved by DMV under OAR 735-040-0080:

(A) For military service 1950 or after, a DD 214 or DD 215; or

(B) For military service before 1950, a separation document or form issued by a branch or department of the US Armed Services; and

(C) A completed signed Group Plate Eligibility Certification (DMV Form 735-6940) certifying the applicant is eligible to receive the group’s plates.

(c) For plates that include a decal depicting a service-related medal:

(A) For military service 1950 or later, a DD 214 or DD 215; or

(B) For military service before 1950, a separation document or form issued by a branch or department of the US Armed Services; and

(C) A letter, award certificate or other document issued by the US Department of Defense showing the applicant is a recipient of the service-related medal.

(D) For plates displaying a gold star and the words “Gold Star Family,” a completed, signed Group Plate Eligibility Certification (DMV Form 735-6940) certifying the applicant is a surviving family member. For purposes of this rule, a surviving family member includes a person who is a parent, spouse, partner in a domestic partnership or dependent of a person killed in action during an armed conflict while serving in the Armed Forces of the United States.

(4) A DD 214, DD 215 or separation form or document required under section (3) of this rule must have been issued under honorable conditions.

Stat. Auth.: ORS 184.616 184.619, 802.010, 805.105 & 2007 OL Ch. 99
Stats. Implemented: ORS 805.105 & 2007 OL Ch. 99
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08

735-040-0095

Application, Approval, Renewal and Issuance Process for Higher Education Group Plates

(1) An institution of higher education or a group representing an institution of higher education that is qualified to apply for group plates as provided in OAR 735-040-0040 and 735-040-0055 must submit the following to DMV:

(a) A completed and signed Application for Approval of Group Plates for Institutions of Higher Education and Non-Profit Groups (DMV Form 735-7076);

(b) A $10,000 application fee at the time of application. This fee is in addition to any other fee required by law or rule;

(c) Fees to cover DMV's anticipated administrative expenses related to the design and production of the higher education group plates requested. At the time of application, DMV will estimate the costs, including but not limited to computer programming costs, plate design costs, color costs and vendor set-up fees, which must be paid prior to approval of the application;

(d) The written documentation required under OAR 735-040-0055 that the group is an institution of higher education or is a group authorized by an institution of higher education to obtain plates for that institution as described in OAR 735-040-0055;

(e) The word(s), initials, image or logo the institution is requesting for use on the plate to identify the institution of higher education. DMV must approve and authorize any request before it may be used on a higher education group plate;

(f) A certification or other evidence as may be required by DMV that the group has the authority to use the requested word(s), initials, image or logo on a registration plate;

(g) If the group is an institution of higher education, the name, address and phone number of the institution's authorized representative. The authorized representative is the person authorized to apply for higher education group plates on behalf of the institution and is the contact person for DMV on any matter related to the group plates;

(h) If the group is representing an institution of higher education, the names and addresses of the current directors, or officers and the name, address and phone number of the group's authorized representative, as described in subsection (g) of this section; and

(i) Specific information as to where moneys collected by DMV from the sale of group plates should be deposited. The money must be deposited in an account in the general fund of the institution. An institution or group representing an institution is not eligible for higher education group plates unless this information is provided at the time of application.

(2) If the group is not an institution, the application must be accompanied by written authorization from the institution that specifically authorizes the group to obtain higher education group plates on behalf of the institution. Authorization must come from a representative of the institution who has been given authority to sign the authorization on behalf of the institution.

(3) An institution must immediately notify DMV if a group previously authorized by the institution is no longer authorized to obtain plates on behalf of the institution.

(4) In addition to the requirements described in sections (1) through (3) of this rule, the institution or group must provide an estimate of the number of plates it expects to sell during the next 12-month period.

(5) DMV may at any time request from the authorized representative further information or documentation necessary to determine if the institution or group is eligible for higher education group plates. DMV will refuse to approve the issuance of group plates, or may withdraw approval previously granted if DMV determines:

(a) The institution or group representing the institution is not eligible for higher education group plates; or

(b) The word(s), initials, image or logo used or proposed to be used to name or describe the institution contain an expression of political opinion or religious belief, contrary to ORS 805.205.

(6) DMV will contact the authorized representative:

(a) At the time the application is approved or denied;

(b) When additional information or documentation is required or consultation is needed; or

(c) If DMV proposes to withdraw its approval to issue plates.

(7) Once plates are approved the authorized representative must file an annual statement with DMV showing the institution continues to be eligible for group plates. The statement must:

(a) Be on a form provided by DMV or that is acceptable to DMV;

(b) Include a statement that the group continues to meet the requirements described in OAR 735-040-0055;

(c) Include written authorization from the institution stating that the group continues to have authorization to act on behalf of the institution in relation to the group plate program;

(d) Provide the name, address and phone number of the institution's authorized representative or if it is a group representing the institution, the names and addresses of the current directors or officers and the name, address and phone number of the group's authorized representative; and

(e) Provide an estimate of the number of plates the institution expects to sell during the next 12 months.

(8) The institution or representing group must immediately notify DMV:

(a) Anytime there is a change in the name or address of the authorized representative; or

(b) If the institution withdraws authorization from the representing group to act on behalf of the institution in relation to the group plate program.

(9) Upon receiving information from an institution that it is withdrawing authorization from a representing group to produce group plates, DMV will stop production of the group's plates and notify the group's authorized representative of the withdrawal of authorization.

Stat. Auth.: ORS 184.616, 184.619, 805.205, 805.206
Stats. Implemented: ORS 805.205, 805.206
Hist.: DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04

735-040-0097

Application, Approval, Renewal and Issuance Process for Non-Profit Groups

(1) A non-profit group that is qualified to apply for group plates under OAR 735-040-0040 and 735-040-0061 must submit the following to DMV:

(a) A completed and signed Application for Approval of Group Plates for Institutions of Higher Education and Non-Profit Groups (DMV Form 735-7076);

(b) A $10,000 application fee at the time of application. This fee is in addition to any other fee required by law or rule;

(c) Fees to cover DMV’s anticipated administrative expenses related to the design and production of the non-profit group plates requested. At the time of application, DMV will estimate the costs, including but not limited to computer programming costs, plate design costs, color costs and vendor set-up fees, which must be paid prior to approval of the application;

(d) The written documentation required under OAR 735-040-0061, and a copy of the group’s bylaws and articles of incorporation;

(e) The names and addresses of the group’s current directors or officers and the name, address and phone number of the group’s authorized representative. The authorized representative is the person authorized to apply for non-profit group plates on behalf of the group and is the contact person for DMV on any matter related to the group plates;

(f) The word(s) or initials the group is requesting for use on the plate to identify the group. DMV must approve and authorize any request before it will be used on a non-profit group plate;

(g) A certification or other evidence as may be required by DMV that the group has the authority to use the requested word(s), or initials on a registration plate;

(h) The surcharge amount the group is requesting that DMV collect per plate for each year of the registration period upon issuance of the group’s plate. The surcharge may not be less than $2.50 per plate or more than $16 per plate.

(i) Specific information as to where surcharge amounts collected from the sale of group plates should be deposited. If no account is specified by the time moneys collected from the sale of the group’s plates are distributed by DMV, the moneys will be deposited to the Passenger Rail Transportation Account as provided by law.

(2) In addition to the requirements described in section (1) of this rule, the group must provide an estimate of the number of plates it will sell during the next 12 months.

(3) DMV may at any time request from the authorized representative further information or documentation necessary to determine if the non-profit group is eligible for group plates. DMV may refuse to approve the issuance of group plates, or may withdraw approval previously granted if DMV determines:

(a) The group is not eligible;

(b) The word(s), or initials used or proposed to be used to name or describe the group contain an expression of political opinion or religious belief, contrary to ORS 805.205; or

(c) The authorized representative fails to provide information or documentation as requested by DMV.

(4) DMV will contact the authorized representative:

(a) At the time the application is approved or denied;

(b) When additional information or documentation is required or consultation is necessary; or

(c) If DMV proposes to withdraw its approval to issue plates for the group.

(5) Once plates are approved the authorized representative must file an annual statement with DMV showing the group continues to be eligible for non-profit group plates. The statement must:

(a) Be on a form provided by DMV or that is acceptable to DMV;

(b) Include a statement that the group continues to meet the requirements described in OAR 735-040-0061;

(c) Include the names and addresses of the current group directors, or officers and the group’s authorized representative;

(d) Certify the group continues to be registered with the IRS as a 501(c)(3) non-profit corporation or foundation; and

(e) Provide an estimate of the number of plates the group expects to sell during the next 12 months.

(6) The group must immediately notify DMV anytime:

(a) There is a change in the name or address of the group’s authorized representative; or

(b) The group is dissolved, is no longer a tax-exempt 501(c)(3) organization or is otherwise no longer qualified for non-profit group plates under OAR 735-040-0061.

Stat. Auth.: ORS 184.616; 184.619, 802.010, 805.205 & 805.206
Stats. Implemented: ORS 805.205 & 805.206
Hist.: DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04; DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10; DMV 1-2010, f. & cert. ef. 1-28-10

735-040-0098

Non-profit Group Plate Surcharge

In addition to any other fee authorized by law:

(1) DMV will collect a surcharge of $2.50 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate.

(2) Notwithstanding section (1) of this rule, DMV will collect a surcharge of:

(a) $8 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate that recognizes fallen public safety officers.

(b) $7.50 per plate for each year of the registration period upon issuance and renewal of the Keep Kids Safe registration plate as described under ORS 805.205.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.205
Stats. Implemented: ORS 805.205
Hist.: DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10; DMV 1-2010, f. & cert. ef. 1-28-10; DMV 14-2010(Temp), f. 8-27-10, cert. ef. 9-1-10 thru 2-28-11; DMV 1-2011, f. & cert. ef. 1-28-11; DMV 8-2012, f. & cert. ef. 7-19-12

735-040-0100

Refund of Fees; Withdrawal and Reinstatement of Group Plates

(1) DMV will refund a group's $10,000 application fee if the group sells at least 1,000 sets of plates within the first 12-month period following issuance of the plates. The refund will be issued in the name of the group and mailed to the group's authorized representative designated on the group plate application form.

(2) DMV will stop production of a group's plate if the group:

(a) Fails to provide an annual statement as required under 735-040-0095 or 735-040-0097;

(b) The group ceases to exist;

(c) The group's approval is otherwise withdrawn;

(d) DMV determines the word(s), initials, image or logo used to name or describe the group are inconsistent with statute or rule; or

(e) DMV fails to sell or renew at least 500 sets of plates within any 12 consecutive month period. For purposes of this rule and OAR 735-040-0055, 735-040-0061, 735-040-0095 or 735-040-0097:

(A) “Sets” mean any plate(s) issued other than those issued as a replacement plate(s), whether one or two plates are issued; and

(B) The first day of the month in which the group plates are first offered for sale will be used to determine the start of the first 12-month period.

(3) DMV will notify the group's authorized representative if DMV will no longer produce plates for the group.

(4) Except as provided in section (5) of this rule, when DMV stops production of a group's plate DMV will continue to issue any remaining plate inventory until the inventory is depleted.

(5) If DMV stops production of a group's plate because the word(s), initial(s), image or logo used to identify the group is determined to be inconsistent with statute or rule:

(a) DMV may restart production if:

(A) The group is otherwise eligible and qualified to have group plates; and

(B) After consulting with the authorized representative, a different word(s), initial(s), image or logo is approved by DMV to identify the group or institution; and

(b) DMV will destroy any remaining plate inventory.

(c) If DMV ceases to order plates for any reason not covered in this section, DMV will continue to issue any remaining plate inventory until the inventory is depleted.

(6) If production of a group's plate is discontinued for reasons other than those described in section (5) of this rule, to restart production, the group must reapply and pay all required fees as described in OAR 735-040-0055, 735-040-0061, 735-040-0095 or 735-040-0097.

Stat. Auth.: ORS 184.616; 184.619, 802.010, 805.205 & 805.206
Stats. Implemented: ORS 805.205 & 805.206
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08

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