A dealer who possesses a valid Oregon vehicle dealer certificate issued or renewed pursuant to ORS 822.020 must meet the qualifications in section (1) through (3) of this rule in order to be appointed and to continue to act as DMV’s agent and to perform the duties permitted by OAR 735-150-0040(4):

1. (1) A dealer, including any principal if a corporation, partner if a partnership, or member if an LLC, must not:

   1. (a) Be currently suspended as a vehicle dealer in Oregon;
   2. (b) Have been convicted of any felony, including a conviction based on a plea of nolo contendere, in any jurisdiction within the prior 10 years;
   3. (c) Have been convicted of any misdemeanor, including a conviction based on a plea of nolo contendere, in connection with selling or otherwise dealing in motor vehicles, or for fraud, identity theft, misrepresentation, forgery or conversion, in any jurisdiction within the prior 10 years;
   4. (d) Have been found to have committed a violation of Oregon Vehicle Code, state or federal law, rule, or regulation related to fraud, misrepresentation, forgery or conversion within the prior 10 years; or
   5. (e) Have been found liable in a civil action in which a judgment is issued for committing any act of fraud, conversion or misrepresentation within the prior 10 years.
2. (2) A dealer must remain in continued compliance with the provisions of ORS 822.025(3) and (5).
3. (3) A dealer, including any principal if a corporation, partner if a partnership, or member if an LLC, must not issue DMV a dishonored check or other form of non-negotiable payment.

Statutory/Other Authority

ORS 184.619, 802.010, 802.031, 822.035 & 822.042

Statutes/Other Implemented

ORS 822.020, 822.025, 822.035, 822.040, 822.042 & 822.045

History

DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 20-2004, f. & cert. ef. 8-20-04