Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 152

DISMANTLERS

735-152-0000

Definitions

As used in ORS chapters 822.100 to 822.150 and this division the following definitions apply:

(1) “Acquires,” “acquired” or “acquisition” means physical possession of a motor vehicle together with possession of the vehicle's ownership record.

(2) “Cancellation” has the same meaning as “revocation” as defined in section (19) of this rule.

(3) “Certificate of sale” has the same meaning as defined in ORS 801.183.

(4) "Conspicuously display" as used in ORS 822.133 means letters, numbers or symbols, posted on both sides of the mobile motor vehicle crusher that are:

(a) Six inches or larger in a color that contrasts to the background;

(b) Clearly visible from at least 50 feet in daylight, and readable and easily understood by the public; and

(c) Permanently affixed.

(5) “Date of sale” means the date that a purchaser takes possession of a major component purchased from a dismantler.

(6) “Destroy” has the same meaning as defined in ORS 822.133.

(7) “Dismantler” has the same meaning as defined in ORS 801.236.

(8) “Dismantle” means one or more major component parts are removed from a motor vehicle acquired by a dismantler.

(9) “Dispose” or “disposed of” means a motor vehicle acquired by a dismantler that is transferred to another person or is dismantled or destroyed.

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

(11) “Employee” means a person over whom a dismantler exercises the type of control typically associated with an employer, including:

(a) Determining the frequency, method and amount of compensation;

(b) Determining whether the person's work is continuous or intermittent;

(c) Determining the hours or frequency of a person's work; or

(d) Retaining the ability to terminate the relationship.

(12) “Main business location,” “primary business location,” or “place of business” as used in ORS 822.100 to 822.150 and these rules, means the location identified and listed as the dismantler's main business location on the current business certificate application and does not include a supplemental location or temporary location as defined under sections (22) and (23) of this rule.

(13) “Major component part” has the same meaning as defined in ORS 822.137.

(14) “Mobile motor vehicle crusher” has the same meaning as defined in ORS 822.133.

(15) “Primary ownership document” or “ownership record,” as used in ORS 822.135, has the same meaning as “primary ownership” record as defined in 801.402 and includes the primary ownership documents described in OAR 735-020-0010 or an abandoned vehicle certificate described in 735-024-0077.

(16) “Person” means an individual, partnership, corporation, association, or any other business organization if the context in which the term is used could also include these organizational forms.

(17) “Principal” means any owner, partner, corporate officer or other person who controls or manages the business organization or the employees or agents of the business organization.

(18) “Probation” means a period of time specified by DMV that a dismantler may continue to operate, but only under terms or conditions established by DMV.

(19) “Revocation” means to void and terminate a dismantler certificate or the principal’s right to apply for a dismantler certificate.

(20) “Sanction” means an action taken by DMV against a dismantler’s certificate, or the principal of a dismantler business, for non-compliance with Oregon law or DMV rule related to dismantlers or the operation of a dismantler business.

(21) “Suspension” means the temporary withdrawal of the authority to act as a dismantler.

(22) “Supplemental location,” “supplemental place of business,” or “additional place of business” as used in ORS 822.100 to 822.150 and these rules, means a location identified and listed on the dismantler’s supplemental business location(s) business application and does not include a temporary location or the dismantler’s primary business location approved by DMV to operate under the same business name as the primary business location.

(23) “Temporary location” as used in ORS 822.133 and these rules, means a location other than a dismantler’s main business location or supplemental location, at which a dismantler may operate, for a period of 15 consecutive business days or less, a mobile motor vehicle crusher to render motor vehicles into crushed motor vehicles.

(24) “Vehicle Business” includes vehicle dealers as defined in OAR 735-150-0010(14), dismantlers, towing businesses, vehicle transporters and repair shops.

(25) “Violation” means any violation of Oregon law or a DMV rule applicable to a dismantler issued a certificate or any person engaged in dismantling activities.

(26) “Warning” means a documented warning or correction notice issued to a principal or employee of a dismantler business.

(27) “Wrecked vehicle” has the same meaning as defined in ORS 822.133.

(28) “Written report” means DMV Form 270, Vehicle Dismantler's Notice and the original ownership record for the vehicle.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.125, 822.130, 822.135, 822.137 & Ch. 433, OL 2011
Stats. Implemented: ORS 822.100, 822.105, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140, 822.145 & 822.150
Hist.: MV 7-1987, f. & ef. 7-13-87; MV 10-1991, f. & cert. ef. 8-20-91; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12

735-152-0005

Dismantler Application

(1) In addition to the requirements for an application for a dismantler certificate under ORS 822.110, or a renewal under ORS 822.125, an applicant for a dismantler certificate must submit the following to the DMV Business Regulation Section:

(a) A completed and signed Application for Dismantler Certificate (DMV Form 735-373) that includes:

(A) A certification that the dismantler's business complies with the building, enclosure or barrier requirements under ORS 822.135(1) and OAR 734-040-0030;

(B) A state-issued picture identification (a copy of driver license or identification card) for each principal;

(C) The applicant’s National Motor Vehicle Title Information System identification number; and

(D) If the applicant is a corporation, firm or partnership, the Oregon business registry number assigned by the Secretary of State, Corporation Division.

(b) All applicable fees; and

(c) A completed and signed DMV statement of compliance for surety bond or letter of credit.

(2) In addition to the requirements of section (1) of this rule, the applicant must submit a completed and signed Application for Supplemental Dismantler Certificate (DMV Form 735-373A) for each additional business location other than the dismantler's primary business location.

(3) If a dismantler changes the business location or business name on the dismantler's certificate, the dismantler must submit a completed and signed Application to Correct Dismantler Certificate (DMV Form 735-373B) and obtain a corrected dismantler certificate before business can be conducted at the new location or under the new business name.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.100 - 822.150 & Ch. 433, OL 2011
Stats. Implemented: ORS 822.100 – 822.150
Hist.: DMV 4-1996, f. & cert. ef. 7-26-96; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12

735-152-0010

Investigation of Dismantler Applications

(1) DMV may investigate applications for an original or renewal of a dismantler certificate to determine whether the information contained in the application is accurate and complete, and will do so whenever DMV has reason to believe the application is not accurate.

(2) DMV will investigate each application for an original or renewal of a dismantler certificate to determine if any of the principals of the applicant are or have been financially or operationally involved with any other vehicle business whose certificate or right to apply for a certificate is or has been on probation, suspended, canceled or revoked.

(3) DMV may investigate any principal of the applicant to determine whether the principal:

(a) Has been convicted of a violation of any provision of ORS Chapter 822 within the five years preceding the date of the application;

(b) Has been convicted in any jurisdiction outside of the state of Oregon of any violation of that jurisdiction's statutes relating to vehicle businesses, vehicle registration, title transfers or stolen vehicles within the five years preceding the date of the application; or

(c) Is currently subject to any type of administrative action relating to vehicle businesses, vehicle registration, title transfers or stolen vehicles in a jurisdiction outside of the state of Oregon.

Stat. Auth.: ORS 802.010, 822.115, 822.125, 822.130 & Ch. 654, OL 2005
Stats. Implemented: ORS 822.115 - 822.125, Ch. 654, OL 2005
Hist.: MV 10-1991, f. & cert. ef. 8-20-91; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0020

Refusal to Issue and Probationary Status of Dismantler Certificate

(1) DMV will not issue or renew an original dismantler certificate or supplemental certificate to any applicant when it determines:

(a) The application is incomplete or information contained in the application is false;

(b) A principal of the applicant is financially or operationally involved with any vehicle business whose certificate or right to apply for a certificate is currently suspended, canceled or revoked; or

(c) A principal of the applicant:

(A) Has been convicted of a violation of any provision of ORS Chapter 822 within the five years preceding the date of the application;

(B) Has been convicted in any jurisdiction outside of the state of Oregon of any violation of that jurisdiction's statutes relating to vehicle businesses, vehicle registration, title transfers or stolen vehicles within the five years preceding the date of the application; or

(C) Is currently affected by any type of administrative sanction or penalty that prohibits the principal from conducting a vehicle business and relates to vehicle businesses, vehicle registration, title transfers or stolen vehicles in a jurisdiction outside of the state of Oregon.

(2) DMV will not issue or renew an original dismantler certificate or supplemental certificate until it is satisfied the applicant meets all requirements for issuance of a certificate under ORS Chapter 822 and OAR 735, division 152.

(3) DMV may issue or renew an original dismantler certificate or supplemental certificate on a probationary basis if a principal of the applicant is financially or operationally involved with another vehicle business whose certificate or right to apply for a certificate is currently on probation.

(4) DMV will retain the fees paid with an application to cover processing costs when it refuses to issue a certificate.

(5) An applicant who has been refused issuance of a dismantler certificate is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(6) The refused applicant's request for a hearing must be submitted in writing and received by DMV, within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a certificate, pending the outcome of the hearing. In case of a refusal to renew, the dismantler may continue to operate under the old certificate in accordance with ORS 183.430(1), pending the outcome of the hearing, except when DMV finds that such continued operation would constitute a serious danger to the public health or safety and extends the hearing request period to 90 days in accordance with ORS 183.430(2).

(7) When a dismantler or principal of the dismantler business fails to file a timely request for hearing, the charges shall be considered to have been admitted, the dismantler or principal shall be deemed in default as to those charges, DMV's file shall constitute the record of the case, and the order of refusal shall become final.

Stat. Auth.: ORS 184.616, 184.619, 802.010 822.100 – 822.150
Stats. Implemented: ORS 822.100 – 822.150
Hist.: MV 10-1991, f. & cert. ef. 8-20-91; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12

735-152-0025

Dismantler Business Location Regulations

(1) Each dismantler business location must:

(a) Comply with the building, enclosure or barrier requirements under ORS 822.135(1) and OAR 734-040-0030;

(b) Provide a means for the public to contact the dismantler or an employee of the dismantler at all times during the dismantler's normal business hours;

(c) Display an exterior sign, permanently affixed to the land or a building, that identifies the dismantler business by the name printed on the dismantler certificate, with letters clearly visible to the major avenue of traffic; and

(d) Display, in a publicly accessible and conspicuous manner, the dismantler certificate.

(2) A dismantler must have a certificate or supplemental certificate on display for each location where the dismantler displays vehicles and component parts. A dismantler who uses a supplemental place of business must have a supplemental certificate from DMV before business can be conducted at the supplemental location.

(3) As required by ORS 822.133(2), if the dismantler takes possession of a wrecked vehicle without an ownership record or salvage title, the vehicle may remain on the business premises if it is:

(a) Confined to an area of the business location that is clearly off-limits to customers for purposes of buying or selling a vehicle or component part; or

(b) Tagged with a "not for sale" notice that is clearly and conspicuously posted on the vehicle in plain view of customers and legible at a distance of 20 feet or more.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.100 - 822.150
Stats. Implemented: ORS 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0031

Dismantler Records

(1) As required by ORS 822.135, 822.137 and this rule, motor vehicle dismantlers must maintain records on each motor vehicle or major component part acquired and taken into the inventory of the dismantler's business. Records must be retained at the dismantler's business location for a period of three years from the date of acquisition. Records must include the following:

(a) For a motor vehicle:

(A) If last titled in Oregon, the Oregon title number, or if the title is not available a copy of the vehicle ownership document;

(B) If last titled in another jurisdiction, a copy of the out-of-state title or ownership document;

(C) If available, the registration plate number and the name of the jurisdiction where the vehicle was last registered;

(D) The year, make and model;

(E) The vehicle identification number;

(F) The date the vehicle was acquired as defined under OAR 735-152-0000(1);

(G) The vehicle, stock or yard number assigned to the vehicle by the dismantler; and

(H) Any other information required by DMV.

(b) A description of a major component part that identifies the part, including:

(A) The physical characteristics of the part;

(B) The stock or yard number assigned to the part by the dismantler;

(C) The vehicle identification number of the motor vehicle from which the part came; and

(D) Any other information required by DMV.

(2) Dismantler records subject to this rule must be maintained in a manner that allows for timely retrieval of any record requested by DMV or a police officer for inspection. The dismantler may maintain original records or an exact copy of the original records in hard copy, on film, or electronically. If first approved by DMV, an exact copy of the dismantler's original records may be stored in some other manner. DMV or a police officer may require that any record printed or completed in a language other than English be accompanied by a copy translated into English.

(3) DMV may inspect dismantler records including books, contracts, documents, letters and records of any type, including electronic and paper records, of any certified dismantler when DMV is investigating a potential violation of Oregon Vehicle Code or DMV rule.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.100 - 822.150
Stats. Implemented: ORS 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0034

Report that Vehicle is Dismantled or Destroyed

(1) This rule designates the form of the written report required under ORS 822.133(2)(e).

(2) A dismantler must submit a completed and signed written report to DMV within 30 days of the date that a dismantler destroys or dismantles a motor vehicle acquired by the dismantler.

(3) The written report must include:

(a) A completed and signed Vehicle Dismantler's Notice (DMV Form 270); and

(b) The original ownership record for the vehicle.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.100 - 822.150
Stats. Implemented: ORS 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0037

Late Renewal of Dismantler Certificate

(1) An application to renew a dismantler certificate will not be considered late if the dismantler submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with all applicable fees and a surety bond in effect during that 15-day period.

(2) An application to renew a dismantler certificate is late, and subject to the late payment charge under ORS 822.700(3), if the dismantler submits:

(a) An application for renewal no later than 45 days after the previous certificate expired, and the application is submitted with all applicable fees; and

(b) A surety bond in effect during that 45-day period.

(3) A dismantler who continues business operations 45 days after their certificate has expired is in violation of ORS 822.100 and is subject to civil penalties under OAR 735-152-0060.

(4) Except for the late payment fee under ORS 822.700, DMV may waive or reduce a penalty described under this rule if the dismantler provides DMV with written documentation that shows mitigating circumstances prevented the dismantler from renewing their certificate on time. Mitigating circumstances DMV may consider include:

(a) The dismantler took action to renew the certificate on a date reasonably calculated to complete the process in a timely manner; and

(b) The delay in renewal was due to circumstances beyond the dismantler’s ability to control.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.100–822.150 & 2013 OL Ch. 372
Stats. Implemented: ORS 822.100–822.150 & 2013 OL Ch. 372
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14

735-152-0040

Dismantler Violations Subject to Sanction

A dismantler is subject to the sanctions described under OAR 735-152-0050 if the dismantler:

(1) Commits the offense of improperly conducting a motor vehicle dismantling business for any of the reasons set forth in Chapter 433, Or Laws 2011, ORS 822.120, 822.125, 822.133, 822.135, 822.137, 822.145 or relevant rules adopted by DMV.

(2) Allows a person who is not an employee of the dismantler to imply or represent an affiliation with the dismantler business to engage in any activity that would subject that person to dismantler certification and regulatory requirements.

(3) Fails to allow DMV to conduct an inspection.

(4) Is issued notice that the dismantler's bond under ORS 822.120 is cancelled.

(5) Fails to pay any civil penalty imposed under ORS 822.133, 822.137 or 822.145.

(6) The person holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.133, 822.135, 822.137 or 822.150.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137 822.145 & Ch. 433, OL 2011
Stats. Implemented: ORS 822.100, 822.105, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140, 822.145 & 822.150
Hist.: MV 10-1991, f. & cert. ef. 8-20-91; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12

735-152-0045

Civil Penalty Consideration; Certified Dismantlers

(1) A dismantler who violates the provisions of ORS 822.133 and 822.137 and any rule adopted by DMV relating to these provisions may incur, in addition to any other penalty or sanction provided by law, a civil penalty in an amount of not more than $1,000 for each violation.

(2) DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount, DMV may use the schedule set forth in OAR 735-152-0060 as a guideline and may consider the following:

(a) The severity of the violation or its impact on the public;

(b) The number of similar or related violations;

(c) Whether a violation was willful or intentional;

(d) The prior history of all civil penalties and sanctions imposed by DMV against the dismantler or principals of the dismantler business;

(e) The number of violations compared to the volume of transactions at the dismantler business; or

(f) Other circumstances determined by DMV to be applicable to the particular violation.

(3) Upon review of the criteria listed in section (2) of this rule, and prior to the issuance of a final order, DMV may reassess a civil penalty amount and agree to a civil penalty amount other than that assessed in the Notice of Imposition of Civil Penalty. After review of the criteria listed in section (2) of this rule DMV may:

(a) Cancel, refuse to renew, or refuse to issue a certificate to any person who fails to pay a civil penalty assessed by DMV; or

(b) Waive the imposition of a civil penalty, or modify the amount, and request that a dismantler attend specialized training, as determined by DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.100 - 822.150
Stats. Implemented: ORS 183.430, 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0050

Sanctions

(1) In addition to any other penalties provided by law, DMV may impose sanctions against any person issued a valid dismantler certificate, any principal of a dismantler business, or both, if DMV determines either has violated any Oregon law or DMV rule relating to the operation of a dismantler business.

(2) Sanctions may be imposed against one or more of the following:

(a) A dismantler's certificate issued under ORS 822.110;

(b) An identification card or supplemental dismantler certificate issued under ORS 822.125; or

(c) A principal of the dismantler business.

(3) Factors DMV may consider when imposing a sanction against a dismantler include:

(a) The severity of the violation or its impact on the public;

(b) The number of similar or related violations;

(c) Whether a violation was willful or intentional; and

(d) Any previous sanction, civil penalty or warning issued or imposed against the dismantler or principal.

(4) DMV determines the appropriate sanction to impose when it determines a violation has occurred. These may include one or more of the following:

(a) Verbal or written warning, including a correction notice.

(b) Probation under conditions set by DMV, for up to three years.

(c) Suspension of the dismantler certificate and the right to apply for a dismantler certificate, for up to three years.

(d) Revocation of the dismantler certificate and the right to apply for a dismantler certificate. A person subject to permanent revocation of a dismantler certificate is ineligible to apply for a new dismantler certificate, for up to five years.

(e) Suspension of the right of a principal of a dismantler business to apply for a dismantler certificate for a different vehicle-related business, or in a different business name, for up to three years.

(f) Revocation of the right of a principal of a dismantler business to apply for a dismantler certificate for a different vehicle-related business, including a vehicle-related business with a different business name, for up to five years.

(g) Cancellation of the dismantler certificate if it is determined the applicant or a principal of the business is ineligible for a dismantler certificate.

(h) Immediate suspension or cancellation as provided in ORS 822.145(2) upon receipt of legal notice the dismantler's bond under 822.120 is canceled.

(i) Immediate suspension or cancellation for failure to pay any penalty imposed under ORS 822.135 or 822.137.

(5) A dismantler or principal whose business certificate or privileges are suspended, canceled or revoked is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS Chapter 183.

(6) Except as provided in section (7) of this rule, a dismantler's request for a hearing shall be submitted in writing to and received by DMV within 20 days of the date of the notice of revocation, suspension or cancellation. A hearing request received in a timely manner shall result in a withdrawal of the revocation suspension or cancellation pending the outcome of the hearing.

(7) In the instance of an immediate suspension or cancellation as provided by subsection (4)(g) or (h) of this rule, a dismantler's request for a hearing shall be submitted in writing to and received by DMV within 90 days of the date the notice is issued. A hearing request received in a timely manner shall not result in a withdrawal of the suspension or cancellation pending the outcome of the hearing.

(8) In order for a request for hearing to be timely, the request must be received by DMV within the time periods established in sections (6) and (7) of this rule. If the request for hearing is not timely received, the person waives their right to a hearing, except as provided in OAR 137-003-0528. The time periods will be computed as set forth in 137-003-0520(8).

(9) When DMV does not receive a timely request for a hearing, the dismantler or principal defaults, waives the right to a hearing and DMV's file constitutes the record of the case.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.145 & Ch. 433, OL 2011
Stats. Implemented: ORS 822.100, 822.105, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140, 822.145 & 822.150
Hist.: MV 10-1991, f. & cert. ef. 8-20-91; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12

735-152-0060

Civil Penalty Matrix for Certified Dismantlers

DMV may impose a civil penalty against a motor vehicle dismantler for any violation described under Chapter 433, Or Laws 2011, ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137 or DMV rules. DMV adopts this civil penalty matrix to determine civil penalty amounts that may be imposed against dismantlers for specific violations. DMV may modify a civil penalty assessed against a dismantler under the provisions of OAR 735-152-0045. Under this rule, an offense is a “second or subsequent offense” if a dismantler committed the same offense within three years of the offense under consideration.

(1) Fraudulently obtaining a dismantler certificate by submission of an application under OAR 735-152-0005 containing a false statement or omission of a material fact: $1,000, for the first and subsequent violation(s).

(2) Failure to comply with any provision of ORS 803.140 concerning an application for salvage title:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(3) Failure to comply with any provision of ORS 819.012 concerning procedures for a totaled vehicle:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(4) Failure to comply with any provision of ORS 819.016 concerning when a salvage title is required:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(5) Failure to comply with any provision of ORS 819.040 concerning illegal salvage procedures:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(6) Failure to comply with any provision of ORS 822.120 concerning a bond or letter of credit:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(7) Failure to comply with any provision of ORS 822.125 concerning business conducted in the location approved under the certificate:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(8) Failure to comply with ORS 822.133(2)(a), 822.137(2)(j) or OAR 735-152-0025(3) concerning physically separating or visually labeling a wrecked vehicle:

(a) For the first violation: $250;

(b) For the second violation: $500;

(c) For the third and subsequent violation(s): $1,000.

(9) Failure to comply with ORS 822.133(2)(b) or 822.137(2)(j) concerning removing parts or destroying a motor vehicle before obtaining an ownership record for the vehicle:

(a) For the first violation: $500;

(b) For the second and subsequent violation(s): $1,000

(10) Failure to comply with ORS 822.133(2)(c) or 822.137(2)(j) concerning failure to demolish the registration plates of a wrecked vehicle at the time the ownership record is received:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(11) Failure to comply with ORS 822.133(2)(d) or 822.137(2)(j) concerning failure to notify DMV of any changes in the information provided to the DMV in the application for a dismantler certificate within 30 days of the change:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(12) Failure to comply with ORS 822.133(2)(e), 822.137(2)(j) or OAR 735-152-0034 concerning furnishing DMV with a written report, in a form established by DMV by rule, after a wrecked vehicle is dismantled or destroyed:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(13) Failure to comply with ORS 822.133(3)(a)(B), 822.137(2)(j) or OAR 735-152-0034 concerning the conspicuous display of the dismantler’s name and certificate number on the mobile motor vehicle crusher:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(14) Failure to comply with ORS 822.135(1)(a) concerning the requirements to permanently exhibit a dismantler certificate at a place of business:

(a) For the first violation; warning;

(b) For the second violation: $500;

(c) For the third and subsequent violation(s): $1,000.

(15) Failure to comply with ORS 822.135(1)(b) or (L) concerning the requirements to obtain a supplemental dismantler certificate:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(16) Failure to comply with ORS 822.135(1)(c) concerning the maintenance of records:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(17) Failure to comply with ORS 822.135(1)(d) concerning failure to timely surrender to DMV the title, a certificate of title or other primary ownership document or ownership record for a motor vehicle:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(18) Failure to comply with any provision of ORS 822.135 (1)(e) or (m) concerning the inspection of books, records, inventory and premises:

(a) For the first violation: $500;

(b) For the second and subsequent violation(s): $1,000.

(19) Failure to comply with ORS 822.135(1)(f), (g), (k), or DMV rules concerning requirements for dismantler business location and premises:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(20) Failure to comply with ORS 822.135(1)(h) concerning conducting any wrecking, dismantling or altering of vehicles outside the building, enclosure, or barrier on the premises of the business:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(21) Failure to comply with ORS 822.135(1)(i) concerning the storage or display of motor vehicles or major component parts, or conducting motor vehicle dismantling outside of a main business location or supplemental location.

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(22) Failure to comply with ORS 822.135(1)(j) concerning failure to immediately report to DMV information pertaining to the transfer of a wrecked or dismantled motor vehicle.

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(23) Failure to comply with ORS 822.135(1)(n) or (o) concerning the deployment or removal of any air bag containing sodium azide.

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(24) Failure to notify DMV of any change in the information provided to DMV in the application submitted under OAR 735-152-0005 within 30 days of the change:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(25) Failure to comply with any provision of ORS 822.137(2)(f) or OAR 735-152-0031 concerning dismantler motor vehicle records:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(26) Failure to comply with any provision of ORS 822.137(2)(g) or OAR 735-152-0031 concerning dismantler major component part records:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(27) Failure to comply with ORS 822.137(2)(a), by acquiring a motor vehicle or major component part without first obtaining a certificate of sale and, if applicable, a certificate of title:

(a) For the first violation: warning;

(b) For the second violation: $250;

(c) For the third violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(28) Failure to comply with ORS 822.137(2)(b), regarding the possession, sale or disposal of a motor vehicle or any part of a motor vehicle knowing that the vehicle or part has been stolen: $1,000 for the first violation and subsequent violation(s).

(29) Failure to comply with ORS 822.137(2)(c), regarding selling, buying, receiving, concealing, possessing or disposing of a motor vehicle or any part of a motor vehicle having a missing, defaced, intentionally altered or covered vehicle identification number, unless directed to do so by a law enforcement official: $1,000 for the first violation and subsequent violation(s).

(30) Failure to comply with ORS 822.137(2)(d) by committing a forgery in the second degree, as defined in ORS 165.007, or misstating a material fact relating to a certificate of title, registration or other document related to a motor vehicle that has been reassembled from parts of other motor vehicles: $1,000 for the first violation and subsequent violation(s).

(31) Failure to comply with ORS 822.137(2)(e) by fraudulently creating or modifying a dismantler certificate: $1,000 for the first violation and subsequent violation(s).

(32) Failure to comply with ORS 822.137(2)(h) concerning a dishonest act or omission during the sale of a motor vehicle or major component part that, as determined by DMV, causes a loss to the purchaser: $1,000 for the first violation and subsequent violation(s).

(33) Failure to comply with ORS 822.137(2)(i) concerning being convicted of a crime involving false statements or dishonesty that directly relates to the business of the dismantler or suffers any civil judgment imposed for conduct involving fraud, misrepresentation or conversion: $1,000 for the first violation and subsequent violation(s).

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.125, 822.130, 822.133, 822.135, 822.137, 822.150 & Ch. 433, OL 2011
Implemented: ORS 183.430, 822.105, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140 & 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12

735-152-0070

Civil Penalty Considerations; Acting as a Dismantler Without a Certificate

Any person not issued a dismantler certificate under ORS 822.110, who violates the Oregon Vehicle Code or any DMV rule relating to the dismantling of motor vehicles, will incur, in addition to any other penalty provided by law, a civil penalty not to exceed $5,000 for each vehicle:

(1) DMV will assess penalties in accordance with the schedule set forth in OAR 735-152-0080.

(2) The Business Regulation Section of DMV may evaluate the amount of a civil penalty assessed in individual cases and may agree to payment of an amount other than originally assessed. In making such an evaluation, the Business Regulation Section may consider:

(a) The severity of the violation or its impact on the public;

(b) The number of similar or related violations;

(c) Whether the violations were willful or intentional; and

(d) Any other consideration DMV deems appropriate.

(3) DMV will refuse to issue a certificate under ORS 822.110 or to renew a certificate under ORS 822.110 to any person who fails to pay a civil penalty.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.100 - 822.150
Stats. Implemented: ORS 183.430 & 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0080

Schedule of Violation Penalties, Unlicensed Dismantler

(1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a dismantler without a current dismantler certificate, including a dismantler who sells a vehicle while the dismantler's certificate is expired, suspended, cancelled, or revoked.

(2) This schedule does not apply to a person or dismantler exempt from dismantler certification requirements pursuant to ORS 822.105.

(3) Civil penalties under this schedule are assessed as follows:

(a) For the first offense: $2,500 per vehicle;

(b) For the second and subsequent offenses: $5,000 per vehicle.

(4) DMV may reduce a civil penalty assessed under subsection (3)(a) of this rule if:

(a) The person or dismantler applies for and is issued a dismantler certificate under ORS 822.110 or a certificate renewal under ORS 822.125, within 30 days of the date of notice of imposition of civil penalty for acting as dismantler without a certificate; or

(b) A hearing is requested and held in accordance with ORS Chapter 183, and within 30 days of issuance of a final order upholding the penalty, the person files with DMV a completed dismantler application that meets Oregon requirements for licensure.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.100 - 822.150
Stats. Implemented: ORS 183.430 & 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

735-152-0090

Contested Case Hearings and Disposition

(1) The Business Regulation Section of DMV may, in accordance with ORS 183.415(5), make an informal disposition of any contested case prior to the conclusion of any hearing, resulting from a sanction or civil penalty assessed under OAR chapter 735, division 152. This disposition may include a stipulation, agreed settlement, consent order or default order.

(2) An informal disposition by stipulation, agreed settlement or consent order must be in writing, signed by any party to the contested case and incorporated into the final order.

(3) The administrative law judge presiding at a contested case hearing may not adjust the amount of a civil penalty imposed by DMV under OAR 735-152-0045 or 735-152-0070.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.100 - 822.150
Stats. Implemented: ORS 183.430 & 822.100 - 822.150
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the 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

© 2013 State of Oregon All Rights Reserved​