2017 ORS 446.741¹
Suspension, revocation or cancellation of license
  • dealer probation
  • employment disqualification

(1) The Director of the Department of Consumer and Business Services may revoke or suspend a manufactured structure dealer license, or place a dealer on probation, if the dealer does any of the following:

(a) Commits an act that is grounds for suspension, revocation or probation under rules the director adopted.

(b) Fails to comply with the requirements for notices or reports of the transfer of interest in manufactured structures.

(c) Moves a manufactured structure or causes a manufactured structure to be moved without complying with the requirements for variance permits under ORS 818.200 (Authority to issue variance permits) and trip permits under ORS 446.631 (Process for moving manufactured structure).

(d) Knowingly provides false information on an application for a dealer license, supplemental license or corrected dealer license.

(e) Deals in a manufactured structure that both before and after the sale is assessed as real property under ORS 308.875 (Manufactured structures classified as real or personal property) or is recorded in the deed records of a county. This paragraph does not apply if an ownership document is issued for the manufactured structure prior to sale.

(f) Employs a person in an administrative or managerial capacity while the person is disqualified under subsection (5) of this section.

(g) Fails, in conducting activities of a mortgage loan originator, to comply with the provisions of:

(A) The Truth in Lending Act, 15 U.S.C. 1601 et seq., and Regulation Z, 12 C.F.R. part 1026, as in effect on October 1, 2013;

(B) The Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq., and Regulation X, 12 C.F.R. part 1024, as in effect on January 1, 2013;

(C) The Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq., and Regulation B, 12 C.F.R. part 1002, as in effect on January 1, 2013; or

(D) The S.A.F.E. Mortgage Licensing Act, 12 U.S.C. 5101 et seq., and Regulation H, 12 C.F.R. part 1008, as in effect on January 1, 2013.

(h) Fails to certify to the director in a form and manner the director specifies by rule that the dealer has independently verified that every individual the dealer hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) and ORS 86A.186 (Mortgage loan originator criminal records checks).

(i) Employs a device, scheme or artifice to defraud or engage in an act, practice or course of business that operates or would operate as a fraud or deceit.

(j) Knowingly makes an untrue statement of a material fact or omits from a statement a material fact that would make the statement not misleading in light of the circumstances under which the dealer makes the statement.

(k) Makes or files or causes to be made or filed with the director a statement, report or document that the dealer knows is false in a material respect or matter.

(2) The director shall cancel a manufactured structure dealer license immediately upon receipt of legal notice that a bond described under ORS 446.726 (Bond or letter of credit requirements) or under ORS 86A.227 (Corporate surety bond required) is canceled.

(3) Upon suspension, revocation or cancellation of a manufactured structure dealer license under this section, the director shall demand the return of the license.

(4) The director shall cancel a dealer license or supplemental license immediately upon receipt of notice that zoning approval for a place of business has been revoked.

(5) If the director finds that a violation of subsection (1)(d), (i), (j) or (k) of this section has occurred, the director may issue an order under ORS chapter 183 disqualifying, for up to seven years after the date that the disqualification becomes effective:

(a) The dealer whose license is revoked from:

(A) Obtaining a license as a manufactured structure dealer; or

(B) Working in an administrative or managerial capacity for a manufactured structure dealer.

(b) Any other person whose acts or omissions were material to the events that were the basis for the violation from working in an administrative or managerial capacity for a manufactured structure dealer.

(6) If a person who is subject to disqualification or who is disqualified under subsection (5) of this section elects to pay restitution to a customer whom the director finds suffered harm as a result of the violation of subsection (1)(d), (i), (j) or (k) of this section, the director may choose not to issue an order of disqualification to the person or may rescind a previously issued order of disqualification.

(7) A person who applies for licensing as a manufactured structure dealer following a period of disqualification under subsection (5) of this section must meet the requirements for issuance of an initial manufactured structure dealer license. [2003 c.655 §38; 2009 c.863 §32; 2013 c.161 §1]

Note: See note under 446.661 (Definitions for ORS 446.661 to 446.756).

1 Legislative Counsel Committee, CHAPTER 446—Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors446.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.