2011 ORS § 822.035¹
Investigation of application
- • dealer number
- • rules
- • records inspection
- • dealer plates and identification card
- • effect of revocation or suspension in another jurisdiction
The Department of Transportation:
(1) Upon receipt of an application for a vehicle dealer certificate, shall examine the application and may make an individual investigation relative to statements contained in the application.
(2) Upon being satisfied that an applicant is entitled to a vehicle dealer certificate and that the proper fees have been paid for the certificate, shall assign the vehicle dealer a distinctive dealer number that allows the dealer to conduct business under the certificate and shall forward to the dealer a vehicle dealer certificate stating thereon the dealers number.
(3) Has authority to determine whether or not an applicant for a vehicle dealer certificate is a vehicle dealer.
(4) Has authority to make suitable rules for the issuance of vehicle dealer certificates to expire consistently with ORS 822.040 (Privileges granted by certificate).
(5) May make inspections of any vehicle dealer records required under ORS 822.045 (Vehicle dealer offenses) and of any vehicles included in a vehicle dealers inventory or located on the vehicle dealers premises. Inspections authorized by this subsection may be conducted by the department at reasonable intervals, during normal business hours, and may not exceed a scope of inspection necessary for the department to determine the following:
(a) A vehicle dealers compliance with statutes regulating vehicle dealers under the vehicle code;
(b) A vehicle dealers compliance with those provisions of the vehicle code regulating the titling and registration of vehicles;
(c) A vehicle dealers compliance with rules adopted by the department relating to the regulation of vehicle dealers and the registration and titling of vehicles; and
(d) The identification of stolen vehicles.
(6) Shall provide a vehicle dealer with plates or devices authorized under ORS 805.200 (Plates and other devices with special designs) to allow the exercise of the privileges granted under ORS 822.040 (Privileges granted by certificate).
(7) May provide a vehicle dealer with identification cards in the names of the owners of the business or in the names of authorized employees of the business.
(8) May not issue a vehicle dealer certificate under ORS 822.020 (Issuance of certificate) to an applicant who has been issued a similar certificate from another jurisdiction that has been revoked or is currently suspended unless the applicant possesses a current, valid vehicle dealer certificate issued under ORS 822.020 (Issuance of certificate).
(9) May not use the revocation or suspension by another state of a vehicle dealer certificate or similar certificate as a basis for refusing to allow a vehicle dealer holding a current, valid vehicle dealer certificate issued under ORS 822.020 (Issuance of certificate) to obtain a vehicle dealer certificate under ORS 822.020 (Issuance of certificate) or a supplemental certificate under ORS 822.040 (Privileges granted by certificate) or to renew a certificate under ORS 822.040 (Privileges granted by certificate).
(10) May adopt any reasonable rules necessary for the administration of the laws relating to the regulation of vehicle dealers, the issuance of vehicle dealer certificates, the issuance of vehicle dealer identification cards and the issuance of vehicle dealer plates. The rules adopted under this subsection must be consistent with the statutory provisions of the vehicle code. The rules may include, but are not limited to, grounds and procedures for the revocation, denial or suspension of vehicle dealer certificates and for placing vehicle dealers on probationary status. [1983 c.338 §796; 1985 c.16 §394; 1987 c.261 §7a; 1993 c.741 §140; 2001 c.555 §2]