822.110
Dismantler certificate; refusal to issue; duplicate certificate. (1) Except as provided in
subsection (2) of this section, the Department of Transportation shall issue a
dismantler certificate to any person if the person meets all of the following
requirements:
(a) The person
establishes that the area in which the business is located and the place of
business to be approved under the dismantler certificate for use in the motor
vehicle dismantling business are zoned for industrial use or subject to another
zoning classification that permits the type of business conducted by the
dismantler.
(b) The person
pays the fee required under ORS 822.700 for issuance of a dismantler
certificate.
(c) The person
completes the application for a dismantler certificate described under ORS
822.115.
(d) The person
delivers to the department any approvals by local governments required under
ORS 822.140.
(e) The person
delivers to the department a bond or letter of credit that meets the
requirements of ORS 822.120.
(2) The
department may refuse to issue a dismantler certificate to a person if:
(a) The person
has previously had a dismantler certificate or identification card revoked,
canceled or suspended under ORS 822.145; or
(b) The
department determines that the application contains false or misleading
information.
(3) The
department may issue a duplicate dismantler certificate to a person who has
lost or destroyed an original dismantler certificate if the person:
(a) Has complied
with the requirements of this section for issuance of a certificate; and
(b) Is within the
renewal period of the original dismantler certificate. [1983 c.338 §802; 1985
c.16 §401; 1991 c.331 §139; 1993 c.741 §88; 2005 c.654 §8]
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2000–2023 · leading case:
State v. Shelly, 157 P.3d 234 (Or. Ct. App. 2007).
State v. Shelly, 157 P.3d 234 (Or. Ct. App. 2007).
· cites it 2× “This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS 822.110. "(2) A violation of subsection (1) of this section is a Class C misdemeanor.”
PNW Metal Recycling, Inc. v. DEQ, 317 Or. App. 207 (Or. Ct. App. 2022).
· cites it 2× “The definition of “disposal site,” however, “does not include: * * * [a] site operated by a dismantler issued a certificate under ORS 822.110.” ORS 459.005(8)(b)(D). That is the “auto dismantler exemption.”
Wilbur Residents for a Clean Neighborhood v. Douglas Cnty., 998 P.2d 794 (Or. Ct. App. 2000).
“053; a site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or a site operated by a wrecker issued…”
PNW Metal Recycling, Inc. v. DEQ (Or. 2023).
· cites it 4× ““(b) ‘Disposal site’ does not include: “* * * * * “(D) A site operated by a dismantler issued a certifi- cate under ORS 822.110.” ORS 459.005(8). Thus, the definition of a “disposal site” that cannot be operated without a permit from DEQ excludes sites operated pursuant to a…”
PNW Metal Recycling, Inc. v. DEQ (Or. 2023).
· cites it 4× ““(b) ‘Disposal site’ does not include: “* * * * * “(D) A site operated by a dismantler issued a certifi- cate under ORS 822.110.” ORS 459.005(8). Thus, the definition of a “disposal site” that cannot be operated without a permit from DEQ excludes sites operated pursuant to a…”
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