1. (1) Every tower, tow business, and their representatives and employees, regardless of tow business certificate status, having information regarding a possible violation of the administrative rules or laws governing the towing industry in Oregon must cooperate with the State Board of Towing investigations in furnishing such information in order that appropriate investigative, corrective, or disciplinary action may be taken.
2. (2) Failure by a tow operator, a tow business, their representative or employee to cooperate with a Board investigation is grounds for disciplinary action.

3. (3) Cooperation in a Board investigation includes, but is not limited to:

   1. (a) Submitting client or business records relevant to the investigation, excepting confidential information protected by law;
   2. (b) Being available for a personal interview in support of a Board investigation during reasonable hours;
   3. (c) Responding and directly answering questions asked during an interview or investigation;
   4. (d) Verbally providing information reasonably known at the time of the interview or investigation; and
   5. (e) Allowing access, during business hours, of the business premises and equipment for inspection if required to conduct a Board investigation into the allegations of a complaint.

4. (4) Respondents named in a complaint, or their representatives, may be personally interviewed or may be given an opportunity to provide a written response to the complaint as part of a Board investigation.

   1. (a) Written responses, records, and other information requested by or on behalf of the Board must be provided to the Board office within 21 calendar days after the Board request is personally served, mailed by USPS regular, or sent by electronic mail, unless an extension is authorized by the Board Administrator.
   2. (b) Written responses, records, or other information requested but not received at the Board's office within 21 calendar days may not be considered in the Board's investigation.

5. (5) Failure of a respondent, tower, tow business, or their representative or employee to provide information or documentation requested by the Board:

   1. (a) May not delay or otherwise impede the Board's investigation or any related disciplinary proceedings.
   2. (b) May be deemed as a waiver of objection or waiver to engage in an investigation, and may be treated as a no contest response for purposes of the Board's investigation and disciplinary proceedings.

Statutory/Other Authority

ORS 822.265, ORS 822.275, ORS 98.853, ORS 98.854,, ORS 98.856, 822.280, ORS 822.285, ORS 822.290 & ORS 822.995

Statutes/Other Implemented

ORS 822.265, ORS 822.275 & ORS 98.853

History

SBOT 1-2025, amend filed 12/31/2025, effective 01/01/2026
SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024