(a) Have been abandoned as described in ORS 90.675 at any manufactured dwelling park. If the manufactured dwelling is not subject to sale by the limited manufactured structure dealer under ORS 90.675 (10), the dealer must have the certificate of title or registration for the dwelling transferred to the dealer prior to offering the dwelling for sale; or
(b) Have been purchased by the park owner from a person holding title, and at the time of purchase by the park owner, were sited in the manufactured dwelling park identified in the license.
(2) Notwithstanding ORS 90.525, if a limited manufactured structure dealer sells a manufactured dwelling that was abandoned at a manufactured dwelling park other than the park where the dwelling is being sold, the sale terms for the manufactured dwelling must require that the dwelling is to be sited under a rental agreement at the park where sold for at least 12 months following the sale.
(3) Except as provided in ORS 446.741, the Director of the Department of Consumer and Business Services shall issue a limited manufactured structure dealer license to a person if the person:
(a) Owns or operates a manufactured dwelling park as defined in ORS 446.003;
(b) Submits a completed application for a limited manufactured structure dealer license in a form approved by the director;
(c) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726, except that the bond or letter of credit must be in the sum of $15,000 for each year that the license is valid;
(d) Delivers to the director a corporate surety bond that meets the requirements specified in ORS 86A.227 if the person employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239;
(e) Certifies to the director in a form and manner the director specifies by rule that the person has independently verified that every individual the person hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186;
(f) Is 18 years of age or older or is legally emancipated; and
(g) Pays the fee specified in ORS 446.721 for issuance of a limited manufactured structure dealer license.
(4) If the person is a firm or partnership, the application for a limited manufactured structure dealer license must include the names and residence addresses of the members of the firm or partnership. If the person is a corporation, the application must include the names of the principal officers of the corporation and residence addresses of the officers and the name of the state under whose laws the corporation is organized. If the person is the owner of a manufactured dwelling park, the person may submit a joint application on behalf of the person and a named park operator employed by the person. If the person is the operator of a manufactured dwelling park, the application must include the name and signature of the park owner.
(5) A limited manufactured structure dealer license is valid for use at a single manufactured dwelling park. The manufactured dwelling park location must be specified in the license application. A limited manufactured structure dealer may not employ a salesperson.
(6) A limited manufactured structure dealer license is valid for two years, but the director may adjust the term of an initial license for the purpose of establishing uniform expiration dates.
(7) Notwithstanding subsection (6) of this section, the limited manufactured structure dealer license for the person expires immediately if the person ceases to be an operator or owner of the manufactured dwelling park at which the license may be used. The owner of a manufactured dwelling park shall immediately notify the director if a person licensed under this section ceases to be an owner or operator of a manufactured dwelling park at which the license may be used.
(8) Notwithstanding subsections (6) and (7) of this section, if a licensed person ceases to be an operator of the manufactured dwelling park, the park owner may apply to have a corrected license issued to a new operator employed by the owner. A corrected license issued under this subsection is valid for the unexpired portion of the original license term. The director shall charge the fee specified in ORS 446.721 for issuing a corrected license.
(9) A limited manufactured structure dealer may renew a license as provided by the director. The director shall renew a license only if the dealer:
(a) Submits a completed application for renewal in a form approved by the director;
(b) Delivers to the department a bond or letter of credit that meets the requirements described in subsection (3) of this section; and
(c) Pays the fee specified in ORS 446.721 for renewal of a limited manufactured structure dealer license. [2003 c.655 §29b; 2009 c.863 §31]
Note: See note under 446.661.
Structure 2021 Oregon Revised Statutes
Section 446.007 - Exceptions to ORS 446.003 definitions.
Section 446.095 - Park construction and facilities.
Section 446.105 - Temporary parks.
Section 446.115 - Sanitation of parks; pets to be controlled.
Section 446.125 - Occupancy on private land.
Section 446.155 - Sanitation and safety requirements; exceptions.
Section 446.160 - Inspection; rules; federal standards.
Section 446.170 - Insignia of compliance required; when displayed.
Section 446.176 - Fees; rules.
Section 446.180 - Safety standards of other states or national organization; rules.
Section 446.185 - Minimum safety standards for equipment, material and installations; rules.
Section 446.198 - Exemption for redevelopment in park destroyed by natural disaster.
Section 446.245 - Permitted uses of manufactured dwellings.
Section 446.253 - Authority of director; authority of local governments.
Section 446.255 - Revocation of agreement with local government.
Section 446.310 - Definitions for ORS 446.310 to 446.350.
Section 446.317 - Delegation of landlord duties; rules.
Section 446.320 - Tourist facility license required.
Section 446.321 - Fee for license; rules.
Section 446.323 - Failure to apply for or renew license; transferability of license; refunds.
Section 446.324 - Denial, suspension or revocation of license; civil penalty; hearing.
Section 446.325 - Exemptions from license requirement.
Section 446.340 - Responsibility of owner or operator for sanitary conditions.
Section 446.345 - Prohibited acts.
Section 446.347 - Civil penalties; notice.
Section 446.348 - Determining amount of penalty; rules; schedule; factors.
Section 446.349 - Civil penalty.
Section 446.395 - License required; issuance; employment of nonlicensed installer prohibited.
Section 446.400 - Procedures for licensing; fees.
Section 446.420 - License required to maintain action.
Section 446.423 - Use of moneys.
Section 446.425 - Delegation to county to administer certain sanitation laws; fees.
Section 446.430 - Delegation to county or city to administer rules regulating parks; fees.
Section 446.440 - Application of condominium provisions to parks.
Section 446.561 - Definitions for ORS 446.566 to 446.646.
Section 446.566 - Ownership document contents.
Section 446.571 - Ownership document application; records; notice of security interest.
Section 446.581 - Abandoned structure ownership transfer; rules.
Section 446.586 - Definitions for ORS 446.586 to 446.606.
Section 446.591 - Exception to requirement for submitting information; application by escrow agent.
Section 446.596 - Notice provided by escrow agent; contents.
Section 446.601 - Treatment of application provided by escrow agent.
Section 446.606 - Prohibition on providing application; escrow agent fees; action for damages.
Section 446.616 - Transfer of interest in manufactured structure.
Section 446.621 - Effect of certificate of title or other documentation of ownership.
Section 446.631 - Process for moving manufactured structure; fees.
Section 446.636 - Manufactured structure trip permits.
Section 446.661 - Definitions for ORS 446.661 to 446.756.
Section 446.666 - Regulation of dealers, dealerships and salespersons; inspection of records; rules.
Section 446.671 - Acting as manufactured structure dealer without license; penalty.
Section 446.676 - Exceptions to prohibition against unlicensed dealer activity.
Section 446.681 - Enjoining unlicensed dealers.
Section 446.686 - Notice of proceeding against alleged unlicensed dealer.
Section 446.691 - Issuance of dealer license.
Section 446.696 - Renewal of dealer license.
Section 446.701 - Issuance of temporary manufactured structure dealer license.
Section 446.706 - Limited manufactured structure dealer; licensing.
Section 446.711 - Dealer education and testing; rules.
Section 446.716 - Additional places of business; supplemental licenses.
Section 446.721 - License fees; use of moneys.
Section 446.726 - Bond or letter of credit requirements; action against dealer and surety or issuer.
Section 446.731 - Status of licensed dealer.
Section 446.736 - Transfer of interest by dealer; application information; notice of delay; penalty.
Section 446.746 - Manufactured structure dealer criminal offenses; penalties.
Section 446.748 - Cease and desist orders; investigative authority of director.
Section 446.751 - Engaging in illegal consignment practices; penalty.
Section 446.756 - Violation of consigned manufactured structure transfer; penalty.
Section 446.995 - Civil penalties for violation of ORS 446.661 to 446.756 or related rules.