(a) "Person" includes individuals, public bodies as defined in ORS 174.109, corporations, firms, associations, partnerships, limited liability companies, joint stock companies or any other business entity created under law.
(b) "Relative" means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law.
(2) In addition to any other penalty provided under ORS 822.215 and subject to ORS chapter 183, the State Board of Towing may order the Department of Transportation to deny, suspend, revoke or refuse to renew a towing business certificate issued under ORS 822.205, if the person holding or applying for the certificate:
(a) Fails to comply with any rule adopted by the board;
(b) Violates any provision of, or rules or ordinances adopted under, ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605;
(c) Fails to comply with an order of the board, including but not limited to the failure to pay a civil penalty as ordered by the board;
(d) Has performed work as a tower without the appropriate certification or letter of appointment to participate on the rotational list of towing businesses established under ORS 181A.350, or has employed individuals to perform work as towers without appropriate certification or letter of appointment;
(e) Has advertised or otherwise held themselves out as being a certified towing business without holding the appropriate certification;
(f) As a, or as a relative of a, partner, officer, member or employee of a towing business, advertises or holds themselves out as a towing business that is certified if the towing business does not possess the appropriate certification;
(g) Has engaged in towing or recovering by any means, as part of any business operation of the person, vehicles that are wrecked, damaged, disabled or abandoned or replacement vehicles;
(h) Fails to meet any condition or requirement to obtain a certificate or letter of appointment;
(i) Acts or has acted in a manner creating a serious danger to the public health or safety; or
(j) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action related to towing or the towing industry by any other public body, as defined in ORS 174.109, or has failed to pay a civil penalty imposed by the public body.
(3) A violation described in subsection (2) of this section for which the board orders that the department deny, suspend, revoke or refuse to renew a certificate to perform work or conduct business may be treated as a failure to be in conformance with ORS 822.250 to 822.290 and 822.995.
(4) A person subject to discipline under this section is entitled to a contested case hearing in accordance with ORS chapter 183.
(5) The board is the agency responsible for providing notice and contested case hearing rights under ORS chapter 183 to a person subject to discipline under this section. [2021 c.578 §8]
Note: See note under 822.250.
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 822 - Regulation of Vehicle Related Businesses
Section 822.005 - Acting as vehicle dealer without certificate; penalty.
Section 822.009 - Civil penalties for violations of statutes or rules.
Section 822.015 - Exemptions from vehicle dealer certification requirement; rules.
Section 822.020 - Issuance of certificate; fee.
Section 822.022 - Restrictions on issuing certificates.
Section 822.025 - Application contents.
Section 822.027 - Education requirements for vehicle dealers.
Section 822.030 - Bond or letter of credit requirements; rights of action.
Section 822.033 - Requirements for certificate of insurance; exemptions.
Section 822.042 - Procedures for transfer of interest in vehicle by vehicle dealer.
Section 822.043 - Dealer preparation and submission of documents; privilege tax.
Section 822.045 - Vehicle dealer offenses; penalties.
Section 822.047 - Brokerage services.
Section 822.048 - Remedy for failure to submit title.
Section 822.050 - Revocation, cancellation or suspension of certificate.
Section 822.055 - Failure to return revoked, canceled or suspended certificate; penalty.
Section 822.060 - Illegal consignment practices; exception; penalty; rules.
Section 822.065 - Violation of consigned vehicle transfer; penalty.
Section 822.070 - Conducting illegal vehicle rebuilding business; penalty.
Section 822.080 - Procedures for civil penalties imposed under ORS 822.009; disposition of moneys.
Section 822.082 - "Recreational vehicle service facility" defined; display of location.
Section 822.083 - "Show" defined; conditions for participation in show.
Section 822.084 - Show license; fee; rules.
Section 822.086 - New recreational vehicle sales; warranty statement.
Section 822.090 - Unlawful subleasing of motor vehicle; penalty.
Section 822.093 - Sale of vehicles involving possessory liens; records; rules; penalty.
Section 822.100 - Conducting a motor vehicle dismantling business without a certificate; penalties.
Section 822.105 - Exemption from certificate requirement.
Section 822.110 - Dismantler certificate; refusal to issue; duplicate certificate.
Section 822.115 - Application contents.
Section 822.130 - Inspection of books, records, inventory and premises.
Section 822.133 - Requirements of dismantler operating motor vehicle dismantling business.
Section 822.135 - Improperly conducting motor vehicle dismantling business; penalty.
Section 822.137 - Dismantler conduct resulting in civil penalty; rules.
Section 822.140 - Local government approval requirements.
Section 822.145 - Imposition of sanctions; rules.
Section 822.200 - Operating illegal towing business; exceptions; penalties.
Section 822.205 - Certificate; qualifications; fee.
Section 822.210 - Privileges granted by certificate; duration; renewal; regulation of holder.
Section 822.213 - Transporting property for hire.
Section 822.217 - Proportional registration for tow vehicles; rules.
Section 822.218 - Cancellation of identification device for proportionally registered tow vehicle.
Section 822.220 - Authorization to obstruct traffic; failure to take precautions; penalty.
Section 822.225 - Failure to remove injurious substance; penalty.
Section 822.230 - City or county regulation of towing businesses.
Section 822.235 - Recovery after theft.
Section 822.250 - State Board of Towing; membership; terms of office; compensation and expenses.
Section 822.255 - Chair and vice chair; quorum; meetings.
Section 822.260 - Administrative officer for board; subordinate officers and employees.
Section 822.265 - Rulemaking authority; board seal.
Section 822.270 - State Board of Towing Account.
Section 822.285 - Additional powers of board; fees; rules.
Section 822.300 - Acting as vehicle transporter without certificate; exemptions; penalty.
Section 822.305 - Exemptions from vehicle transporter certification requirement.
Section 822.315 - Improper use of vehicle transporter plate; penalty.
Section 822.325 - Failure to return revoked or suspended certificate; penalty.
Section 822.500 - Operating commercial driver training school without certificate; rules; penalty.
Section 822.510 - Proof of insurance; requirements; exception.
Section 822.530 - Certificate; issuance; suspension or revocation; duration; fee; rules.
Section 822.535 - Failure to return revoked or suspended certificate; penalty.
Section 822.600 - Failure of garage to report accident or bullet contact; penalty.
Section 822.605 - False swearing relating to regulation of vehicle related businesses; penalty.
Section 822.700 - Certification fees.
Section 822.990 - Civil penalties for violations of ORS 822.500 and 822.525.
Section 822.992 - Civil penalties for violations related to dismantlers.
Section 822.995 - Civil penalties for violations related to towing; factors; rules.