OAR 735-150-0130: Civil Penalty Consideration; Certified Vehicle Dealers

(1) A dealer, who violates any provision of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers, the operation of a vehicle dealership, providing brokerage services or vehicle title and registration, 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 735-150-0140 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 dealer or principals of the dealership; (e) The number of violations compared to the volume of transactions at the dealership; or (f) Other circumstances determined by DMV to be applicable to the particular violation. (3) If DMV and a dealer enter into settlement discussions, DMV may review the criteria in section (2) of this rule and do any or all of the following: (a) Impose a sanction as provided in OAR 735-150-0120; (b) Waive or modify the civil penalty amount; or (c) Require that the dealer attend specialized training. (4) DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate.