(1) A manufactured structure dealer improperly operates a manufactured structure dealership and is subject to the penalties under this section if the dealer commits any of the following crimes:
(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.
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Last modified: August 7, 2008