DIVISION 446

DEALER LICENSING

441-446-0100

Purpose and Scope

OAR 441-446-0100 through 441-446-0300 contains the definitions, rules and requirements pertaining to businesses that engage in the business of selling manufactured structures. With the implementation of these rules, the division intends to repeal the administrative rules adopted by the Department of Motor Vehicles to the extent that they regulate dealers of manufactured structures.

Stat. Auth.: 2003 SB 468 & ORS 446.666
Stats. Implemented: ORS 446.666
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Renumbered from 918-030-0400 by FCS 7-2008 f. & cert. ef. 7-28-08

441-446-0110

Definitions

As used in OAR 441-446-0100 through 0300 and ORS Chapter 446, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Corrected license" means a manufactured structures dealer license or a limited manufactured structures dealers license that has been modified from the information supplied in the original application, i.e. name change, or address change.

(2) "Dealer" means a person who is required to be licensed pursuant to ORS 446.691, 446.696, 446.701 or 446.706.

(3) "Dealership," "place of business," or "business location," means a location within the State of Oregon, where a dealer engages in the business of selling manufactured structures.

(4) "Location," "main business location," or "main dealership," means a location identified and listed as the dealer's main business location on the original business license application.

Stat. Auth.: ORS 183.335
Stat. Implemented: ORS 183.335
Hist.: BCD 16-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06; BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06; Renumbered from 918-030-0410 by FCS 7-2008 f. & cert. ef. 7-28-08

441-446-0200

Dealer Licensing

(1) To apply for a dealer license, supplemental license, temporary license, or limited license, a person must submit a completed division approved application form and a division approved surety bond.

(2) For the purposes of this section, a supplemental or corrected license shall have the same expiration as the limited or dealer license.

Stat. Auth.: ORS 446.666
Stats. Implemented: ORS 446.666 & 446.716
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Renumbered from 918-030-0420 by FCS 7-2008 f. & cert. ef. 7-28-08

441-446-0210

Dealer Requirements

(1) A dealer shall file all required applications for ownership documents and trip permits, or ensure required applications are completed and filed, in a manner prescribed by the division.

(2) A manufactured structure dealer selling manufactured homes for installation in Oregon, shall present each potential buyer of a new manufactured home with a division standard disclosure statement to read and sign prior to the completion of the sales contract of any new manufactured home. A dealer shall give one copy of the disclosure, signed by the buyer and the dealer, to the buyer and retain one copy in the dealer's files for not less than five years from the date of sale. Copies of signed disclosures shall be made available to the division upon request.

(3) Dealers are required to maintain accurate records for a period of five years. Records required to be maintained include but are not limited to:

(a) A legible copy of any disclosure statement provided to a purchaser;

(b) A legible copy of any trip permit issued by the dealer;

(c) A record of the names and addresses of all contractors retained or hired by the dealer to engage in any aspect of manufactured structure installation or service work and a record identifying the manufactured structures on which each contractor performed work;

(d) Records of any correction notices the dealer has sent to a manufacturer for repairs arranged by the dealer;

(e) A record of any alterations a dealer made to a manufactured structure prior to sale or as a part of a sales agreement;

(f) A legible copy of all records relating to a sale, including but not limited to confirmation orders, diagrams, purchase options, written agreements, financing applications, financing agreements, change orders, price changes, ownership documents, and applications to record a structure in deed records; and

(g) Records associated with consignment sales.

(4) In addition to the bond or letter of credit requirements in ORS 446.726, a dealer shall authorize their bond or letter of credit company to notify the division upon any change to or cancellation of the insurance required for their dealer license, and notify the division of any change to or cancellation of the bond or letter of credit required for their dealer license.

(5) A dealer shall within 10 business days, notify the division of any name, ownership, address changes or additions, through a division approved form including any change of registration status with the Secretary of State, and obtain all required licenses.

(6) Dealers shall exercise due care and diligence that is consistent with industry practice in all transactions involving a manufactured structure and shall not, by act or omission, endanger the economic welfare or the health or safety of the public through such transactions.

(7) A dealer shall not engage in conduct which demonstrates habitual disregard for the law.

Stat. Auth.: ORS 446.666
Stats. Implemented: ORS 446.225, 446.260, 446.666, 446.691, 446.696, 446.701, 446.706, 446.716, 446.726, 446.736, 446.741 & 446.751
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Renumbered from 918-030-0430 by FCS 7-2008 f. & cert. ef. 7-28-08

441-446-0300

Violations

Additional grounds for manufactured structure dealer license, denial, suspension, revocation or placement on probation, may include:

(1) Failure to maintain records or any other requirements under OAR 441-446-0210;

(2) Conduct which constitutes a Class A misdemeanor or any felony arising out of actions related to the selling, brokering, trading or exchanging of manufactured structures or conviction of such Class A misdemeanor of felony; or

(3) Conduct which constitutes an unlawful practice under ORS 646.608;

(4) Failure to maintain the required bond insurance or letter of credit; and

(5) A pattern of violations of any provisions of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, and 446.561 to 446.756 or any rules adopted thereunder.

Stat. Auth.: ORS 446.741
Stats. Implemented: ORS 446.666, 446.741, 446.746, 446.751 & 446.756
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Renumbered from 918-030-0490 by FCS 7-2008 f. & cert. ef. 7-28-08