OAR 735-150-0160: Civil Penalty Considerations; Acting as a Dealer Without a Certificate

Any person not issued a vehicle dealer certificate under ORS 822.020, who violates ORS 822.005(1) or any DMV rule relating to the sale of vehicles, will incur, in addition to any other penalty provided by law, a civil penalty not to exceed $5,000 for each vehicle: (1) DMV will assess penalties in accordance with the schedule set forth in OAR 735-150-0170. (2) DMV may evaluate the appropriateness of the amount of a civil penalty assessed in individual cases during settlement discussions and may agree to payment of an amount other than originally assessed. In making such an evaluation, DMV may consider: (a) The severity of the violation or its impact on the public; (b) The number of similar or related violations; (c) Whether the violations were willful or intentional; and (d) Any other consideration DMV deems appropriate. (3) 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.