(a) A manufactured structure dealer commits the crime of failure to obtain a supplemental license if the dealer has a manufactured structure dealer license and opens any additional place of business using the same business name without first obtaining a supplemental license under ORS 446.716.
(b) A manufactured structure dealer commits the crime of failure to obtain a corrected dealer license if the dealer moves a place of business or changes the business name without first obtaining a corrected dealer license under ORS 446.716.
(c) A manufactured structure dealer commits the crime of failure to maintain proper manufactured structure dealer records if the dealer does not keep records or books with all of the following information concerning a used manufactured structure the dealer handles:
(A) A record of the purchase, sale or exchange or of the dealer’s receipt for purpose of sale.
(B) A description of the manufactured structure.
(C) The name and address of the seller, the purchaser and the alleged owner or other person from whom the manufactured structure was purchased or received or to whom it was sold or delivered.
(D) A duly assigned ownership document or other document evidencing ownership or a bill of sale from the registered owner of the manufactured structure from the time of delivery to the dealer until the dealer disposes of the manufactured structure.
(d) A manufactured structure dealer commits the crime of failure to allow administrative inspection if the dealer refuses to allow the Department of Consumer and Business Services to inspect the dealer’s records and manufactured structures in the possession of the dealer at any time during normal business hours.
(e) A manufactured structure dealer commits the crime of failure to allow police inspection if the dealer refuses to allow a police officer to conduct an inspection of the dealer’s records and manufactured structures in the possession of the dealer at any time during normal business hours.
(f) A manufactured structure dealer commits the crime of failure to exhibit the manufactured structure dealer license if the dealer fails to exhibit the license at the place of business of the dealer at all times while the license is in force. This paragraph does not apply to dealer activity at a temporary exhibition of manufactured structures.
(g) A manufactured structure dealer commits the crime of failure to satisfy an interest in a manufactured structure if, within 15 days after transfer of any interest in a manufactured structure to the dealer by a person other than another manufactured structure dealer, or within 15 days after receiving the ownership document for a manufactured structure obtained from another manufactured structure dealer, the dealer fails to satisfy:
(A) The interest of any person from whom the dealer purchased or obtained the manufactured structure;
(B) The interest of any person from whom the person described in subparagraph (A) of this paragraph leased the manufactured structure; and
(C) All security interests in the manufactured structure entered into prior to the time of transfer.
(h) Except as provided in subsection (2) of this section, a manufactured structure dealer commits the crime of failure to report an interest transfer for a manufactured structure if, 90 calendar days after a transfer of interest that is subject to ORS 446.736, the dealer has failed to submit:
(A) An application to the Department of Consumer and Business Services for an ownership document; or
(B) Sufficient information to a lender to allow the lender to make an application to the department for an ownership document.
(i) A person commits the crime of acting as a manufactured structure dealer while under suspension, revocation or cancellation if the person conducts business as a manufactured structure dealer in this state and the person’s manufactured structure dealer license is revoked, canceled or suspended, regardless of whether the person is licensed as a manufactured structure dealer in another jurisdiction.
(j) A manufactured structure dealer commits the crime of failure to maintain bond or letter of credit coverage if the dealer permits a bond or letter of credit to lapse during the period that the bond or letter of credit is required under ORS 446.691, 446.696 or 446.701 or if the dealer fails to purchase a bond or letter of credit that complies with ORS 446.726.
(2) A dealer is not considered to have committed the crime described in subsection (1)(h) of this section if the dealer demonstrates that:
(a) The dealer has made a good faith effort to comply; and
(b) The dealer’s failure to make an application or provide information is due to circumstances beyond the dealer’s control.
(3) The crimes described in this section are subject to the following penalties:
(a) The crime described in subsection (1)(a) of this section, failure to obtain a supplemental license, is a Class A misdemeanor.
(b) The crime described in subsection (1)(b) of this section, failure to obtain a corrected dealer license, is a Class A misdemeanor.
(c) The crime described in subsection (1)(c) of this section, failure to maintain proper manufactured structure dealer records, is a Class A misdemeanor.
(d) The crime described in subsection (1)(d) of this section, failure to allow administrative inspection, is a Class A misdemeanor.
(e) The crime described in subsection (1)(e) of this section, failure to allow police inspection, is a Class A misdemeanor.
(f) The crime described in subsection (1)(f) of this section, failure to exhibit the manufactured structure dealer license, is a Class A misdemeanor.
(g) The crime described in subsection (1)(g) of this section, failure to satisfy an interest in a manufactured structure, is a Class A misdemeanor.
(h) The crime described in subsection (1)(h) of this section, failure to report an interest transfer for a manufactured structure, is a Class A misdemeanor.
(i) The crime described in subsection (1)(i) of this section, acting as a manufactured structure dealer while under suspension, revocation or cancellation, is a Class A misdemeanor.
(j) The crime described in subsection (1)(j) of this section, failure to maintain bond or letter of credit coverage, is a Class A misdemeanor. [2003 c.655 §37]
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.