OAR 735-150-0047: Rules Concerning Dealer-Only Auctions

(1) For purposes of ORS 822.015(3), as amended by section 1, chapter 111, Oregon Laws 2015, and this rule, the follow definitions apply: (a) “Certified dealer” has the same meaning as defined in OAR 735-150-0010. (b) “Employee” for the purposes of this rule and as defined in OAR 735-150-0010 means a person over whom a dealer exercises the type of control typically associated with an employer, including but not limited to: (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. (c) “Licensed dealer” for the purposes of this rule and as defined in OAR 735-150-0010 means a person who is currently licensed as vehicle dealer in another jurisdiction. (d) “Vehicle auction” means a vehicle auction conducted by a certified dealer as authorized under ORS 822.015, in which only certified dealers, licensed dealers or their employees are permitted to participate. (2) An employee of a certified or licensed dealer who wishes to participate in a vehicle auction must present proof to the certified dealer conducting the auction before the employee may participate in the auction. Proof that an individual is an employee as defined in section (1)(b) of this rule, includes but is not limited to any of the following: (a) Written authorization issued from a certified or licensed dealer that names the individual as an employee and a copy of the authorizing dealer’s certificate or license, whichever is applicable. The copy must include the following: (A) The dealer’s certificate or the dealer’s license, whichever is applicable; (B) The business name under which the dealer is registered to do business and the street address and telephone number of the business; (C) The business type of the dealer or dealership, for example, a sole proprietorship, partnership, limited liability company, corporation, etc.); and (D) The name, address and phone number of an individual authorized by the dealer as the contact person for the dealer on any matter related to a dealer’s certificate or license. (b) A current valid picture identification card issued by a certified dealer, licensed dealer, or a dealer registration identification business that maintains a database of vehicle dealers or dealer employees. (c) Any other form of authorization, documentation or identification, sufficient to a vehicle auction or DMV that the individual is an employee. Information provided under this subsection is subject to verification by the auction or DMV by telephone, fax, or other electronic means. (3) In addition to the proof described under section (2) of this rule, upon request of a vehicle auction or DMV, an employee must provide proof of personal identification. Proof of personal identification under this section includes, but is not limited to the following photo identification: (a) A current valid driver license or identification card issued by Oregon or another jurisdiction; (b) A current valid vehicle salesperson license or employee license, if required in the jurisdiction; (c) A current valid passport; or (d) Any other form of photo identification, sufficient to establish the identity of the individual to the satisfaction of a vehicle auction or DMV.