Any person not issued a dismantler certificate under ORS 822.110, who violates the Oregon Vehicle Code or any DMV rule relating to the dismantling of motor vehicles, will incur, in addition to any other penalty provided by law, a civil penalty not to exceed $5,000 for each vehicle:

1. (1) DMV will assess penalties in accordance with the schedule set forth in OAR 735-152-0080.

2. (2) The Business Regulation Section of DMV may evaluate the amount of a civil penalty assessed in individual cases and may agree to payment of an amount other than originally assessed. In making such an evaluation, the Business Regulation Section may consider:

   1. (a) The severity of the violation or its impact on the public;
   2. (b) The number of similar or related violations;
   3. (c) Whether the violations were willful or intentional; and
   4. (d) Any other consideration DMV deems appropriate.
3. (3) DMV will refuse to issue a certificate under ORS 822.110 or to renew a certificate under ORS 822.110 to any person who fails to pay a civil penalty.

Statutory/Other Authority

ORS 184.616, 184.619, 802.010 & 822.100 – 822.150

Statutes/Other Implemented

ORS 183.430 & 822.100 – 822.150

History

DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06