Chapter 113 Oregon Laws 2003

AN ACT

HB 2222

Relating to motor vehicle fuel dealer licenses; creating new provisions; and amending ORS 319.100.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2, 3 and 5 of this 2003 Act are added to and made a part of ORS 319.010 to 319.430.

SECTION 2. (1) The Department of Transportation may, prior to a hearing, suspend the license of a motor vehicle fuel dealer who refuses or neglects to comply with the provisions of ORS 319.010 to 319.430 until the dealer complies with the provisions of ORS 319.010 to 319.430.

(2) Upon suspension of a dealer’s license under subsection (1) of this section, the department shall immediately notify:

(a) The dealer by certified mail of the dealer’s license suspension and the dealer’s right to request an immediate hearing to contest the license suspension; and

(b) All other licensed motor vehicle fuel dealers by a method determined under section 5 of this 2003 Act that the authority of the dealer to purchase tax-deferred motor vehicle fuel has been suspended.

(3) If a licensed motor vehicle fuel dealer sells tax-deferred motor vehicle fuel to a dealer whose license has been suspended under subsection (1) of this section after the third day after the selling dealer receives notice of the suspension under subsection (2) of this section, the selling dealer and the suspended dealer are jointly and severally liable for the tax owed on the sale of the fuel.

(4)(a) Notwithstanding the joint and several liability of the selling dealer and the suspended dealer under subsection (3) of this section, the department shall attempt to collect from the suspended dealer the tax owed on the fuel for a period of 45 days from the date of the sale to the suspended dealer.

(b) After the expiration of the 45-day period under this subsection, the department shall collect from the selling dealer any tax not collected from the suspended dealer under this subsection.

(5) The department shall waive the liability of a selling dealer under subsection (3) of this section if the selling dealer establishes to the satisfaction of the department that:

(a) The sale of the motor vehicle fuel to the suspended dealer was due to circumstances that were beyond the control of the selling dealer; or

(b) The dealer whose license was suspended engaged in fraud or deceit to avoid timely payment of the tax to the selling dealer.

(6) When a dealer whose license has been suspended under subsection (1) of this section complies with the provisions of ORS 319.010 to 319.430, the department shall reinstate the dealer’s license and shall notify by a method determined under section 5 of this 2003 Act all licensed motor vehicle fuel dealers that the dealer’s license has been reinstated and that the dealer is authorized to purchase tax-deferred fuel.

(7) If the department determines that a dealer whose license has been suspended under subsection (1) of this section is unwilling or unable to comply with the provisions of ORS 319.010 to 319.430, the department shall revoke the license of the dealer as provided in ORS 319.100.

SECTION 3. A dealer whose license has been suspended by the Department of Transportation under section 2 of this 2003 Act may contest the suspension as provided in ORS 183.310 to 183.550.

SECTION 4. ORS 319.100 is amended to read:

319.100. (1) The Department of Transportation shall revoke the license of any dealer [refusing or neglecting to comply with any provision of] whose license has been suspended under section 2 of this 2003 Act and who the department determines is unwilling or unable to comply with the provisions of ORS 319.010 to 319.430.

(2) The department shall mail by certified mail addressed to [such] the dealer at the last-known address [appearing on] in the files of the department, a notice of intention to [cancel] revoke the dealer’s license. The notice shall give the reason for the [cancellation] revocation of the license.

(3) The [cancellation shall become] license revocation becomes effective without further notice if within 10 days from the mailing of the notice the dealer has not [made good its default or delinquency] complied with the provisions of ORS 319.010 to 319.430.

(4) The department shall provide notice of the revocation of the license of a dealer under this section to all other licensed motor vehicle fuel dealers by a method determined under section 5 of this 2003 Act.

SECTION 5. The department shall establish by rule the most efficient method of notifying licensed motor vehicle fuel dealers as required under ORS 319.100 and section 2 of this 2003 Act that a dealer’s license has been suspended, revoked or reinstated. The possible methods may include, but need not be limited to, notice by telephone, electronic mail or regular mail.

Approved by the Governor May 28, 2003

Filed in the office of Secretary of State May 28, 2003

Effective date January 1, 2004

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