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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 10

PROCESSING AND RECORDS

735-010-0000

What is Used to Calculate the Actual Cost of Providing a Public Record

(1) ORS 192.440 provides that any public body may establish fees reasonably calculated to reimburse it for actual costs in making records available to the public, government agencies or commercial firms.

(2) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will use the following to calculate the actual cost of providing a public record:

(a) All computer costs. This includes programmer/analyst services, and time to run and produce the required record;

(b) All time spent by staff to produce a record. This includes phone time, data entry, and search efforts;

(c) A pro-rata share of DMV’s overhead expense; and

(d) All materials which are used to provide a record.

Stat. Auth.: ORS 192.440, 283.110, 802.010, 802.220 & 802.230
Stats. Implemented: ORS 802.230
Hist.: MV 5-1982, f. 1-12-82, ef. 2-1-82; March 1988, Renumbered from 735-032-0020; MV 9-1983, f. 10-5-83, ef. 10-15-83; MV 10-1984, f. 6-29-84, ef. 7-1-84; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0005

Purpose of Record Requests Rules

In 1997, new laws were enacted that prohibit the disclosure of personal information obtained in connection with a motor vehicle record (ORS 802.175 through 802.191). ORS 802.179 sets out specific exemptions from the disclosure prohibition. OAR 735-010-0010 through 735-010-0040 establish criteria and fees for the receipt of motor vehicle records as set out in ORS 802.175 through 802.270. OAR 735-010-0200 through 735-010-0230 establish criteria for the receipt of personal information obtained in connection with motor vehicle records.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179 & ORS 802.183
Stats. Implemented: ORS 802.175 - ORS 802.270
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

735-010-0008

Definitions

As used in division 10 rules, the following definitions apply:

(1) “Bulk distribution” means the distribution of surveys, marketing materials and solicitations, regardless of the medium used for distribution, including but not limited to:

(a) Material distributed to a targeted group of people to tell them about the suitability or quality of a product or service;

(b) Market research which involves contacting individuals;

(c) Nonprofit entities seeking donations of labor, products or money; or

(d) Political material designed to encourage membership in a political organization, or to gain support for individuals seeking election to public office, or solicit money or labor for a political campaign or election.

(2) “Business entity” means a corporation, organization, firm, association, partnership, governmental agency, lawful commercial enterprise or other legal entity, other than an individual.

(3) “Business address” means the physical address of the place in which or from which a business entity operates.

(4) “Business name” is the name, including an abbreviation or acronym, by which a business is designated in official records and under which it conducts business.

(5) “Conducting business with DMV” includes any business with DMV that results in the creation of a customer record or change to an existing customer record.

(6) “Confidential Information” includes:

(a) A person’s photograph, social security number, mother’s maiden name and place of birth;

(b) Records of driver licenses, identification cards or vehicles used for undercover purposes by law enforcement, parole and probation agencies;

(c) The residence address of an individual whose address is protected by law;

(d) Medical information; and

(e) Drug test information.

(7) “County of use” means the county in which a vehicle is primarily used, when that county is:

(a) Other than the county of the owner’s residence or business address; and

(b) Other than the county of the vehicle address provided to DMV.

(8) “Customer number” means the distinguishing number assigned by DMV to each individual or business entity for which a customer record has been created.

(9) “Customer record” means the computer record created by DMV at the time an individual or business entity first does business with DMV.

(10) “Descriptive address” means information sufficient to identify the location of a residence or business entity if there is no actual street or rural route address, or to explain where a person lives if the person has no fixed residence.

(11) “Disseminator” means a person whose primary business function is the sale or distribution of information, including personal information in response to an individual record inquiry from a person who is authorized by DMV to receive the information under ORS 802.179.

(12) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(13) “Employment address” means the address of the public agency employing a police officer or eligible public employee as provided in ORS 802.250.

(14) “Full legal name” means an individual’s first name, middle name(s), and last or surname, without use of initials or nicknames.

(15) “Insurance support organization,” as used in ORS 802.179(6), means a person who regularly engages in assembling or collecting information about a natural person for the primary purpose of providing the information to an insurer or insurance agent in connection with claims investigation activities, antifraud activities, underwriting or rating. “Insurance support organization” does not include an insurer, an insurance agent, a governmental institution, medical care institution or medical professional.

(16) “Legitimate business” means a lawful business enterprise operating in compliance with federal, state and local law.

(17) “Mailing address” means an address other than an actual residence or business address to which a person or business entity mail delivered, including a post office box or address of a service provider.

(18) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card, vehicle title or vehicle registration issued by DMV. “Motor vehicle record” does not mean a record pertaining to a manufactured structure.

(19) “Person” means an individual, an organization or an entity but does not include the State of Oregon or any agency thereof.

(20) “Personal information” means the following information that identifies an individual:

(a) Driver license, driver permit, identification card or customer number;

(b) Name;

(c) Address (excluding five-digit zip code); and

(d) Telephone number.

(21) “Primary residence” means the state, jurisdiction or physical location where an individual lives, during any 12-month period, more than he or she lives elsewhere during that period.

(22) “Records list” means a list of driver or vehicle records compiled by selecting records that meet one or more general criteria, where the criteria is not specific to any one person or vehicle. Records lists would include such things as a list of vehicle records of a given manufacturer or a list of licensed drivers over the age of 65. A records list would not include records that were selected by a specific identifier, such as an individual’s driver license number or a vehicle’s registration plate number.

(23) “Registration address” means the vehicle address, if one is provided or if a vehicle address is not provided:

(a) The vehicle owner’s residence address if the owner is an individual; or

(b) The vehicle owner’s, business address if the owner is other than an individual. Some examples may include a business, school district, organization or church.

(24) “Residence address” means the actual address at which an individual resides more than he or she lives elsewhere during a 12-month period. If an individual resides an equal amount of time at two or more addresses, the individual must determine which address is his or her residence address and use that as the residence address in conducting business with DMV. A residence address must not be that of a service provider, except for purposes of titling or registering a vehicle owned by the service provider or obtaining an Oregon driver license, driver permit or identification card by the service provider.

(25) “Service Provider” means a business which facilitates the collection or delivery of mail, or businesses that provide vehicle registration services for another party. A mail service is considered to be a Service Provider.

(26) “Vehicle address” means the residence or business address where the vehicle is primarily housed, or from where the vehicle is primarily dispatched when different than the actual residence or business address of the owner.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179, 802.183, 803.370 & 807.050
Stats. Implemented: ORS 802.175 - 802.270, 803.220, 803.370, 807.050, 807.420, 807.560, 807.725 & 821.080
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 6-1999, f. & cert. ef. 12-17-99; DMV 10-2000, f. & cert. ef. 9-21-00; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0010

Exclusions From and Requirements to Obtain a Public Record

(1) DMV will not disclose confidential information except as provided by law.

(2) DMV will only disclose personal information, as defined in OAR 735-010-0008, if the record is ordered by the individual whose record it is or if the person ordering the record qualifies to receive personal information. Otherwise the record will be sanitized with the personal information removed.

(3) Fees for records must be paid in advance or billed to an account, except:

(a) If a fee is not set by law, DMV reserves the right to waive a charge for records when the cost to collect the fee would be more than the cost to provide a record;

(b) DMV may provide information without charge on an exchange basis, to other states, federal agencies, or appropriate designee, or motor vehicles associations if DMV, in turn, is not charged for information it receives; or

(c) DMV will accept a purchase order number if the purchaser is a government agency.

(4) A request for a public record must allow DMV a reasonable period of time to provide the record so that DMV’s activities or operations are not unduly disrupted.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 283.110, 802.010, 802.220, 802.230 & 802.530
Stats. Implemented: ORS 802.220
Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 25-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0025; DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0020

Procedures for Record Inquiry or TOD Filing Fee Accounts

(1) As used in this rule, "Account Bond" means a bond or undertaking issued by an authorized surety insurer to guarantee payment of the account holder's Record Inquiry Account or TOD (Transitional Ownership Document) Filing Fee Account established in accordance with OAR 735-020-0040 in the amount set forth in sections (7) and (8) of this rule.

(2) The Department of Transportation (department) shall establish a Record Inquiry Account for any party who:

(a) Submits a completed Application for Record Inquiry Account, including the required account qualification certification and supporting documents;

(b) The department determines to be qualified to receive personal information after reviewing the Application for Record Inquiry Account, qualification certification and supporting document; and

(c) Pays a $70 non-refundable fee to cover the cost of processing the account application.

(3) The department shall establish a TOD Filing Fee Account, used for billing purposes only, for any person who:

(a) Submits a completed Application for TOD Filing Fee Account; and

(b) Pays a $70 non-refundable fee to cover the cost of processing the account application.

(4) In addition to the requirements of sections (2) and (3) of this rule, if the applicant is a dealer of new or used motor vehicles, the applicant must be certified as a vehicle dealer by the department under ORS Chapter 822 before a Record Inquiry Account or TOD Filing Fee Account may be established.

(5) An invoice summarizing the billings for the prior month shall be sent monthly to each account holder.

(6) The account holder shall return the remittance advice copy of the invoice when making payment on the account.

(7) An Account Bond is required for all Record Inquiry Accounts and TOD Filing Fee Accounts carrying outstanding balances of $500 or more as follows:

(a) When a Record Inquiry Account or TOD Filing Fee Account has an outstanding balance of $500 or more for three consecutive months. The Account Bond amount shall be the greater of $1,500 or three times the average outstanding monthly balance for the past year, or since the date the account was opened, whichever period is shorter;

(b) When the department determines the required Account Bond amount, the department shall notify the account holder and it shall be the account holder's responsibility to obtain a bond in the amount specified by the department; and

(c) The bond shall be filed by the account holder, with the department, within 30 days of notification by the department.

(8) An Account Bond in the minimum sum of $500 may be required for all Record Inquiry Accounts or TOD Filing Fee Accounts carrying outstanding balances of less than $500 when:

(a) The department becomes aware that the account holder has a poor credit rating; or

(b) The account holder has been delinquent in paying the account charges, for over 60 days, at least three times since the account was opened.

(9) The department may immediately close any Record Inquiry Account or TOD Filing Fee Account if any of the following events occur:

(a) An account has been delinquent for four months and the account is not paid within 15 days of written notification of payment demand by the department;

(b) No transactions are recorded in the account in a one-year period;

(c) An account holder fails to obtain an Account Bond in accordance with section (7) or (8) of this rule;

(d) An account becomes delinquent in excess of the amount of the Account Bond securing the account;

(e) The Record Inquiry Account holder no longer qualifies to receive personal information from motor vehicle records;

(f) The Record Inquiry Account holder fails to immediately notify the department of a change in qualification status for receipt of personal information;

(g) The department receives notice that the account holder's Account Bond has been canceled or has expired;

(h) DMV receives a notice of bankruptcy for the account holder; or

(i) The account holder submits a written request that the department close their account.

(10) Any account that has been closed under section (9) of this rule cannot be reopened. A new account must be established by:

(a) Submitting a new account application and meeting all requirements of sections (2) through (4) of this rule, including payment of any fees required under section (2) or (3) of this rule; and

(b) Payment, in full, of any previously delinquent account balances.

(11) Account holders shall be responsible for attorney fees and any other fees incurred by the department for the collection of any amount not paid when due.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179, ORS 802.183, ORS 802.220 & ORS 802.230
Stats. Implemented: ORS 802.179, ORS 802.220 & ORS 802.230
Hist.: MV 6-1978, f. 10-3-78, ef. 12-1-78; MV 19-1983, f. 12-30-83, ef. 1-1-84, Renumbered from 735-41-020; MV 9-1984, f. 6-29-84, ef. 7-1-84; Administrative Renumbering 3-1988, Renumbered from 735-032-0030; MV 44-1989, f. & cert. ef. 10-16-89; DMV 16-1998, f. 12-17-98 cert. ef. 1-1-99

735-010-0030

Types of Driver and Identification Card Records Available and Their Fees

This rule specifies the types of driver records available from DMV’s driver records database and the fee amounts for the records:

(1) Abstract of Employment Driving Record — Computer-produced record of an individual’s employment driving record. The record includes employment-related accidents, suspensions and convictions for violation of motor vehicle laws, as set forth in ORS 802.200(9). The record covers the three-year period preceding the date of the request. Miscellaneous administrative entries may also be included as determined by DMV. The record does not include convictions for offenses that result in a mandatory revocation or suspension under ORS 809.409, 809.411, 809.413 and 813.400. The record will include information of a positive drug test result, posted in accordance with ORS 825.412, only if the requestor provides written permission from the person who was subject to the drug test. The fee for each record is;

(a) $2 for a certified record ordered by mail or through DMV’s Interactive Voice Response System (IVR);

(b) $2 for an uncertified record provided through the Driving Record Web Service;

(c) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(2) Abstract of Non-employment Driving Record — Computer-produced record of an individual’s non-employment driving record. The record includes motor vehicle accidents, convictions for violations of motor vehicle laws, other than those included in the employment driving record, and DUII diversion agreements for the three years preceding the date of the record request. The record also includes suspensions, revocations or cancellations of driving privileges, except those suspensions where DMV has received notice to reinstate the person’s driving privileges under ORS 809.220. Miscellaneous administrative entries may also be included as determined by the department. The fee for each record is:

(a) $1.50 for a certified record ordered by mail or through IVR;

(b) $2 for an uncertified record provided through the Driving Record Web Service.

(c) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(3) Insurance Abstract of Non-employment Driving Record — Computer-produced record containing certain entries of an individual’s non-employment driving record as described in section (2) of this rule. The record includes motor vehicle accidents, convictions for violations of motor vehicle laws, other than those included in the employment driving record, DUII diversion agreements and suspensions, revocations or cancellations of driving privileges, except those suspensions where DMV has received notice to reinstate the person’s driving privileges under ORS 809.220. This record is available only to insurers or insurance support organizations. An individual may request his or her own insurance abstract to obtain an insurance discount under ORS 746.265(3). The fee for each record is:

(a) $1.50 for a certified record ordered by mail;

(b) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(4) Driver License Information Report — Information on the report includes driver name, address, license number, license type, license expiration date, license restrictions, license issue date and status of license. Driver license information may be provided orally or by computer-produced certified print. The fee for each report is:

(a) $1.50 for a computer-produced certified report or for an oral report from a DMV employee requested in person or over the phone. Information over the phone will only be provided to a record account holder. DMV will charge a search fee of $1.50 for any information requested under this paragraph but not found in DMV’s driver records database;

(b) $1.20 for a report obtained through IVR. DMV will charge a search fee of $1.20 for any information requested under this paragraph but not found through IVR.

(5) Identification Card (ID card) Information Report — Information on the report includes ID card holder’s name, address, ID card number, ID card expiration date, issue date, and status of ID card. ID card information may be provided orally through IVR or by computer-produced certified print. The fee for each report is:

(a) $1.50 for a computer-produced certified report or for an oral report from a DMV employee requested in person or over the phone. Information over the phone will only be provided to a record account holder. DMV will charge a search fee of $1.50 for any information requested under this paragraph but not found in DMV’s records database;

(b) $1.20 for a report obtained through IVR. DMV will charge a search fee of $1.20 for any information requested under this paragraph but not found in IVR.

(6) Oregon Police Traffic Crash Report — The fee for a copy of an Oregon Police Traffic Crash Report is $9.50 for a certified copy or $8.50 for an uncertified copy. DMV will charge a search fee of $8.50 for an Oregon Police Traffic Crash Report that is requested but not found.

(7) Driver License/ID Card Application History — The fee for a person’s application history which includes copies of any application for an original, renewal or duplicate driver license or ID card is $18.50 for a certified history or $17.50 for an uncertified history.

(8) Miscellaneous Driver Document Copy — Copies of any document or transaction related to a person’s driving record, driver license, or driving privilege. The fee for a miscellaneous driver document is $5 for a certified copy or $4 for an uncertified copy.

(9) Driver Purged File History — Computer-produced print containing all entries shown on the computer file for a driver, except those entries exempted under the Oregon Public Records Law, ORS 192.410 to192.505. The fee for a driver purged file history is $2. DMV will charge a search fee of $1.50 for any driver file requested under this subsection but not found in DMV’s driver records database.

(10) Court Print — Computer-produced record of an individual’s employment and non-employment driving record. The record includes convictions for major traffic offenses, DUII diversion agreements and any alcohol rehabilitation entries for the ten years preceding the date of the request, and convictions for minor traffic offenses and motor vehicle accidents for the five years preceding the date of the request. The record also includes suspensions, cancellations, revocations and miscellaneous administrative entries, but does not include information exempt from disclosure under the Oregon Public Records Law. Court Print with CDL Medical Certification — Computer-produced record of a CDL holder’s employment and non-employment driving record as described above. The record also includes medical certification data that shows if the CDL holder is medically qualified to drive commercial motor vehicles. The fee for each record is:

(a) $3 for a certified print ordered by mail, through IVR or through the Automated Reporting Service (A.R.S);

(b) $2 for a record accessed through the Driving Record Web Service;

(c) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(11) Suspension Package — Certified court print and certified copies of any of the following documents needed for a court proceeding: a suspension, revocation or cancellation notice; returned envelope, signed receipt, or affidavit showing service of the notice; hardship permit application; license restrictions; or any letter sent by DMV informing the person of a suspension, revocation or cancellation. The fee for a suspension package is $11.50. There is a $1.50 search fee if a court print requested under this subsection cannot be found in DMV’s driver records database;

(12) Driver Records List — Computer produced list of driver names, addresses or other record information created using selection criteria. For example, the selection criteria may be the names and addresses of all licensed drivers of a specific age group. The following apply to a request for a driver records list:

(a) The requester must describe how the list will be used. If the purpose of the list is for bulk distribution, as defined in OAR 735-010-0008, the list will only include individuals who have requested that their personal information be provided to bulk distributors.

(b) DMV’s computer system must be programmed to use the selection criteria requested. If the selection criteria requested requires additional computer programming, DMV will not provide the list unless DMV computer programming resources are available and the requester pays the actual programming costs as set forth in OAR 735-010-0000.

(c) The fee for a driver records list furnished via File Transfer Protocol Secure (FTPS) is $700.

(13) Purged Driver Record Information — Copy of a microfilmed driving record containing entries that have been purged from DMV’s driver records database. The fee for a purged information driving record is $2.50 for a certified copy or $1.50 for an uncertified copy.

(14) Insurance Information Search — A search of DMV records to identify the insurance company and policy number for a vehicle or individual. This information may be provided orally by a DMV employee if requested in person or over the phone or by letter from DMV. The fee for an insurance information search is $10, regardless of whether the information is actually found in DMV records.

(15) Automated Reporting Service (A.R.S) — A court print sent automatically to an enrolled record account holder when an accident, conviction, DUII diversion or suspension, revocation or cancellation is posted to a listed individual’s driving record. The fee for an A.R.S. court print is $3.00. If the account holder requests that DMV add or delete an individual from A.R.S. there is a $2.00 fee. There is no fee to add or delete an individual if the record account holder uses DMV’s online system.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.010, 802.179, 802.183, 802.200, 802.220 & 802.230
Stats. Implemented: ORS 802.200, 746.265, 802.230, 802.220 & 825.412
Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 8-1985, f. & ef. 8-1-85; MV 20-1987, f. 9-21-87, ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0035; MV 44-1989, f. & cert. ef. 10-16-89; MV 15-1990, f. 8-30-90, cert. ef. 9-1-90; MV 12-1992, f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 20-2001, f. & cert. ef. 10-18-01; DMV 1-2002, f. & cert. ef. 1-17-02; DMV 5-2005, f. & cert. ef. 2-16-05; DMV 16-2009, f. 9-29-09 cert. ef. 10-1-09; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 6-2012, f. & cert. ef. 6-27-12; DMV 11-2013, f. & cert. ef. 9-24-13

735-010-0040

Types of Vehicle Records Available and Their Fees

The types of vehicle records available and the fees for these records are:

(1) Vehicle Record — Includes vehicle description, registered owner, security interest holders, lessors and other related information. Vehicle record information may be provided orally or by computer-produced certified print:

(a) The fee for a certified vehicle record ordered by mail or through DMV’s Interactive Voice Response System (IVR) is $4. There is a $2.50 search fee if the vehicle record ordered cannot be found in the department’s computer file;

(b) The fee for vehicle record information provided orally by an operator to an account user is $2.50. There is a $2.50 search fee if the vehicle record ordered cannot be found in the department’s computer file; and

(c) The fee for vehicle record information provided orally through IVR is $2.00. When IVR is used and the vehicle record ordered cannot be found in the department’s computer file, a $2 search fee will be charged.

(2) Vehicle Title History — Copies of all title transactions to the extent DMV has kept such records. Current owner information will be provided by computer print at no extra charge. The fee for a vehicle title history if not certified is $22.50, $23.50 if certified;

(3) Previous Owner Information — Copies of the last title transaction showing prior owner and a computer print with the current owner information. The fee for previous owner information if not certified is $14, $15 if certified;

(4) Insurance Information Search — A search of the records to identify the insurance company and policy number provided to DMV for a vehicle or individual. This information may be provided orally or by letter. The fee for an insurance information search is $10;

(5) Miscellaneous Vehicle Document — Copies of any transaction dealing with motor vehicle business. The fee for a miscellaneous vehicle document if not certified is $4, $5 if certified;

(6) Meter Skip — A computer-produced print indicating vehicle description, registered owner name, address, expiration date and title date. No security interest holder information is given. A request for this information must specify “Meter Skip” or it will be assumed security interest holder information is needed, and the requester will be charged for a complete vehicle record or vehicle title history. Requests must be submitted in writing and in all cases the vehicle registration plate number must be provided. The fee for a meter skip is $1.50;

(7) Automated Meter Skips — Includes vehicle description, registered owner name, address, expiration date and title date. No security interest holder information is given. Requests for automated meter skips must be made via File Transfer Protocol Secure (FTPS). The fee for an automated meter skip is $.02 ($20 per thousand);

(8) Vehicle Records List — A records list of vehicle records meeting some specific criteria set by the requester, such as a list of all vehicle records of a particular year or make. Records lists are produced upon request if available selection criteria are used. The requester shall describe how the records list will be used. If the purpose of the records list is for bulk distribution as defined in OAR 735-010-0008, the records list shall only include individuals who have requested their names and addresses be provided on such lists. The vehicle records list is furnished via File Transfer Protocol Secure (FTPS). The fee for a vehicle records list using available criteria is $700. Records lists that require additional programming will not be provided unless other DMV priority demands on available data processing resources have been met. The fee for a vehicle records list that requires additional programming will be determined by the actual cost to produce the list using the criteria set forth in OAR 735-010-0000;

(9) Odometer Information Search — Includes a search of the department’s records for the most recent odometer reading provided to the DMV for a given vehicle. This information may be provided orally, by computer certified print, or copies of documents in the department’s files. The fee for an odometer information search is $2, $3 if the document copies are certified. The $2 fee will be required whether or not the record contains an odometer reading;

(8) Previous Odometer Reading Search — Includes a search of the department’s records for the most recent odometer reading supplied to DMV, and the one just previous to it for a given vehicle. Copies of the documents reflecting the readings will be provided. The fee for a previous odometer reading search if not certified is $3.50, $4.50 if certified. The $3.50 fee will be required regardless of whether previous records contain odometer information; and

(9) Odometer History Search — Includes a search of the vehicle records for all odometer readings provided to DMV on or after January 1, 1986, for a given vehicle. Copies of all previous odometer readings will be provided. The fee for an odometer history search if not certified is $25, $26 if certified. A $25 fee will be required regardless of whether any odometer readings are found.

Stat. Auth.: ORS 184.616, 814.619, 192.440, 802.179, 802.183, 802.220 & 802.230
Stats. Implemented: ORS 802.177, 802.179, 802.200, 802.220 & 802.230
Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 9-1985, f. & ef. 8-1-85; MV 5-1986, f. & ef. 3-3-86; MV 20-1987, f. 9-21-87, ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0040; MV 44-1989, f. & cert. ef. 10-16-89; MV15-1990, f. 8-30-90, cert. ef. 9-1-90; MV 12-1992, f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 20-2001, f. & cert. ef. 10-18-01; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0045

Other Department Records and Their Fees

(1) Other records available and the fees for the records are:

(a) Driving Under the Influence of Intoxicants Convictions and Alcohol Diversion Enrollment List (DUII and Diversion Lists) -- A list of persons who have been convicted of driving under the influence of intoxicants or have enrolled in an alcohol diversion program. The list includes the name, address if known, date of birth, arrest date, conviction or enrollment date, the court type and location and the zip code, if available. The list is available weekly at a fee of $7.50 per list.

(b) Duplicate Photo Image -- A copy of a duplicate image of a driver license or identification card photograph is available exclusively to law enforcement officials at a fee of $6.50 per photograph.

(c) Hearing Recordings -- Upon request, a copy of the recording of a hearing will be provided to qualified requestors. The request must be in writing and accompanied by a fee of $6 per recording.

(2) Personal information will not be included in any motor vehicle record requested unless the requester qualifies to receive such information under ORS 802.175 to 802.179 and OAR 735-010-0200 to 735-010-0230.

(3) Requests for information where a fee is not specified in rule or law will be charged actual cost only, using the criteria set forth in OAR 735-010-0000.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179, 802.183, 802.220, 802.230
Stats. Implemented: ORS 802.177, 802.179, 802.200, 802.220 & 802.230
Hist.: DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 21-2002, f. & cert. ef. 11-18-02; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 14-2007, f. & cert. ef. 12-24-07

735-010-0055

Definition of Law Enforcement Official

For purposes of ORS 807.115, "law enforcement official" means:

(1) An Oregon peace officer;

(2) A person granted the statutory authority of an Oregon peace officer;

(3) An employee of a law enforcement agency of another state, sovereign nation, or the federal government who exercises the equivalent authority as an Oregon peace officer; or

(4) Any federal or state official who oversees criminal investigations, including the Oregon Attorney General, the Oregon Governor, the United States Attorney General, or a district attorney of the State of Oregon.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 192.440

Stat. Implemented: ORS 807.115
Hist.: DMV 9-2001, f. & cert. ef. 5-14-01

735-010-0070

Submission of Change of Address and Update of DMV Records

(1) DMV maintains a customer database that contains information on all DMV customers. A single notice of address change will be sufficient for a customer to comply with ORS 807.560 (address changes related to driver licensing), 803.220 (address changes related to titling and registering vehicles) and 807.420 (address changes related to identification cards), as long as DMV is provided with sufficient information to identify the customer.

(2) DMV will accept a notice of a change of address:

(a) In writing by mail, facsimile or at a drop box in a DMV field office, in the form of a Change of Address Notice for DMV Records (DMV Form 735-6438) or any other written form;

(b) Electronically as set forth in OAR 735-018-0100; or

(c) In person at a DMV field office.

(3) DMV may accept an address change by telephone.

Stat. Auth.: ORS 184.616, 184.619, 803.220, 807.420 & 807.560
Stats. Implemented: ORS 803.220, 807.420 & 807.560
Hist.: DMV 1-1995, f. & cert. ef. 1-23-95; DMV 24-2003, f. 12-15-03 cert. ef. 1-1-04

Name and Address Requirements on DMV Records

735-010-0100

Purpose

An applicant for a driver license, driver permit or vehicle registration is required by ORS 803.370 and 807.050 to provide full legal name and actual residence address to DMV. DMV has the authority to accept something other than an actual residence or post office address, if the applicant does not have one. This may occur if, for example, the applicant is homeless or travels continuously. The purpose of OAR 735-010-0110 through 735-010-0170 is to:

(1) Specify how a customer establishes or changes a name;

(2) Establish a consistent means for determining full legal name for individuals and business name on existing DMV records;

(3) Define the different types of addresses and establish when DMV will require or accept each type of address; and

(4) Establish how the name and address information on the customer record will be used in corresponding with customers.

Stat. Auth.: ORS 184.616, 184.619, 803.370 & 807.050
Stats. Implemented: ORS 802.200, 802.250, 802.260, 803.220, 803.370, 807.050, 807.420, 807.560, 821.080 & 2008 OL Ch 1
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08

735-010-0110

Customer Record for Persons

(1) DMV shall maintain, as part of a customer record, information identifying a person including, but not limited to, the name, residence address and customer number. DMV shall maintain only one customer record per person, except as provided in this section. DMV may have more than one customer record for an individual, if, for example:

(a) Information the applicant provided when conducting business with DMV is insufficient to either locate an existing customer record for that individual or confirm the applicant is the same individual covered by an existing customer record; or

(b) Vehicle records existing prior to DMV's establishment of customer records contain insufficient information to connect that vehicle record to an individual's driving record or driver license, driver permit or identification card record.

(2) If an individual has no existing customer record or DMV is unable to locate a customer record, DMV shall create a customer record and shall assign the individual a customer number when he or she conducts business with DMV or when Oregon law requires the Department of Transportation to maintain a record. If the individual has been issued an Oregon driver license, driver permit or identification card, DMV shall use the number assigned to that document as the customer number.

Stat. Auth.: ORS 184.616 & ORS 184.619
Stats. Implemented: ORS 802.200, ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99

735-010-0120

Customer Record for Business Entities

(1) DMV shall maintain, as part of a customer record, information relating to a business entity which includes, but is not limited to, the business name, business address and customer number. If a business entity transacts business with DMV using more than one business name as provided in OAR 735-010-0140, DMV shall establish a separate customer record and assign a customer number for each business name.

(2) DMV shall create a customer record and shall assign a customer number to each business entity conducting business with DMV or where Oregon law requires the Department of Transportation to maintain a record.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 802.200, ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99

735-010-0130

Establishment and Use of Full Legal Name by an Individual

All of the following apply to establishment and use of a full legal name by an individual:

(1) An applicant for an Oregon driver license, driver permit or identification card, shall establish his or her full legal name as supported by one or more documents proving identity and date of birth required under OAR 735-062-0020 or proof of current legal name under 735-062-0014.

(2) An individual shall use only his/her full legal name when conducting any business with DMV, including but not limited to obtaining driving privileges, an identification card, vehicle title and vehicle registration.

(3) If an individual has not established a full legal name as provided in section (1) of this rule, DMV will use the name on his or her customer record as his or her name for vehicle title and registration purposes. An individual who is shown on any application for title as provided in ORS 803.050, any application for salvage title as provided under 803.140 or any transitional ownership record as defined in 801.562, shall use his/her full legal name.

(4) An individual shall use the same name in conducting all business with DMV. The individual must also provide the DMV-assigned customer number shown on the driver license, driver permit or identification card, if known.

(5) An individual's full legal name shall not include a title or honorific such as, but not limited to, Mr., Mrs., Reverend or Doctor.

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 801.562, 803.015, 803.050, 803.140, 803.220, 803.370, 807.050, 807.420, 807.560, 809.135, 821.080 & 2008 OL Ch 1
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru 3-13-09; DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09

735-010-0140

Establishment, Use and Change of a Name by a Business

(1) When conducting any business with DMV, a business entity shall use only one business name, including use of the same name for different locations, branches or divisions. Nothing in this section shall preclude the use of different names for portions of a business entity that conducts business under separate business names (e.g. a parent company and subsidiary companies). Examples of a business name include, but shall not be limited to:

(a) The name of a corporation or an abbreviation or acronym on file with the Secretary of State; or

(b) The name of an agency established by law, which includes government agencies.

(2) A business entity may provide, if known, the DMV-assigned customer number in all business it conducts with DMV.

(3) If the name of a business entity that is exempt from ORS 803.220 changes, the business entity may provide DMV with the following information:

(a) The old and new name of the business whose name has changed; and

(b) Any DMV-assigned customer numbers to which the name change applies.

(4) This rule does not apply to those vehicles registered under ORS 805.060.

Stat. Auth.: ORS 184.616 & ORS 184.619
Stats. Implemented: ORS 801.562, ORS 803.015, ORS 803.050, ORS 803.140, ORS 803.220, 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99

735-010-0150

Address Requirements for Individuals

(1) An individual conducting business with DMV, as defined in OAR 735-010-0008, shall provide and maintain current address information as established by statute and this rule.

(2) An individual shall provide DMV with a residence address as defined in OAR 735-010-0008, unless:

(a) The individual is exempt from providing a residence address as provided in ORS 802.250, and instead provides an employment address;

(b) The individual is a household member with an eligible party who provides an employment address under ORS 802.250; or

(c) The individual does not have an actual residence address.

(3) A residence address shall include sufficient information for DMV to determine the exact location of the individual's residence. In addition to the name of the city, county and state, a residence address shall include:

(a) The street and residence number, including an apartment or space number, if applicable, and the zip code; or

(b) The rural route and box number and zip code.

(4) An individual shall also provide DMV with a vehicle address for any vehicle primarily housed or dispatched from a location other than the residence address provided.

(5) A vehicle address shall contain sufficient information to determine the exact location from which the vehicle is dispatched or where it is housed. In addition to the city, county and state, a vehicle address shall include:

(a) The street name and number, the apartment, suite or office number, if applicable, and the zip code; or

(b) The rural route and box number and zip code.

(6) An employment address shall be the address as defined in OAR 735-010-0008. An employment address shall include sufficient information for DMV to determine the exact location of the public agency. In addition to the name of the city, county and state, the employment address shall include:

(a) The street name and number, including any applicable suite or office number and the zip code, or;

(b) The rural route and box number and zip code.

(7) An individual who does not have an actual residence address shall:

(a) Satisfy DMV that he or she is a resident of or domiciled in Oregon as provided in OAR 735-016-0030 and 735-016-0040; and

(b) Provide DMV with a descriptive address as defined in OAR 735-010-0008 and a mailing address.

(8) A descriptive address may include, but may not be limited to:

(a) The road name and distance from or direction from a landmark such as a milepost or prominent building, in addition to the city, state, county and zip code, if there is no specific street address;

(b) The address of a homeless shelter or reference to another location where the individual stays overnight, if the individual is homeless, but residing in Oregon; or

(c) Information that the person is mobile, such as someone who continually travels in a motor home.

(d) A descriptive address shall not be that of a service provider, except for purposes of registering a vehicle or obtaining a driver license, drive permit or identification card owned by the service provider.

(9) An individual may provide a mailing address in addition to any required residence or vehicle address.

(10) An individual shall provide the county of use for any vehicle that is primarily used in a county other than the county of the residence or vehicle address.

(11) A change of address, as described in OAR 735-010-0070, shall be made to a customer record when written notice is provided to DMV or given verbally in person at a DMV office by the individual with the address change. If the change of address is to an employment address:

(a) The request must be submitted on DMV Form 735-6438A by the individual requesting use of an employment address; and

(b) When DMV receives notification from the public agency that the individual is no longer employed by that public agency, DMV will not change the address from the public agency address, until the notice of change of address required by ORS 802.250 or another request described in subsection (a) of this section is received.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.370 & ORS 807.050
Stats. Implemented: ORS 802.250, ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99

735-010-0160

Address Requirements for Businesses

(1) A business entity, when conducting business with DMV as defined in OAR 735-010-0008, shall provide and maintain current address information as established by this rule.

(2) A business entity shall provide DMV with a business address as defined in OAR 735-010-0008, unless the vehicle is registered under ORS 805.060 or the business entity is the security interest holder or lessor of the vehicle.

(3) A business address, as defined in OAR 735-010-0008, shall include sufficient information for DMV to determine the exact physical location of the business. In addition to the name of the city, county and state, the business address shall include:

(a) The street name and number, and any applicable apartment, suite or office number, and the zip code;

(b) The rural route and box number, and zip code; or

(c) A post office address of the business, as long as a vehicle address is also provided when the business entity is shown as the owner on a vehicle registration.

(4) A business address shall not be that of a service provider, except for purposes of registering a vehicle owned by the service provider.

(5) A business entity shall provide DMV with a vehicle address for any vehicle that is primarily housed or dispatched from a location other than the business address provided, or when the business address given is an out-of-state address or post office address.

(6) A vehicle address shall contain sufficient information to determine the exact location from which the vehicle is dispatched or where it is housed. In addition to the city, county and state, a vehicle address shall include:

(a) The street name and number, the apartment, suite or office number, if applicable, and the zip code; or

(b) The rural route and box number, and zip code.

(7) A business may provide a mailing address in addition to any required business or vehicle address.

(8) A business entity shall provide the county of use for any vehicle that is primarily used in a county other than the county of the business or vehicle address.

(9) A change of address, as described in OAR 735-010-0070, shall be made to a customer record when notice is provided to DMV or verbally in person at a DMV office by the business entity with the address change.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.370 & ORS 807.050
Stats. Implemented: ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99

735-010-0170

Vehicle Registration Addresses and County of Use

In order to clarify how the registration address relates to other requirements of vehicle registration, the following apply:

(1) Unless the owners provide DMV with information indicating differently, when the vehicle title record lists two or more owners with different residence or business addresses, and does not give a vehicle address, DMV shall consider the registration address to be the residence or business address of the first owner listed on the title record.

(2) When a county of use is provided, the registration address as defined in OAR 735-010-0008 shall be used to determine if a vehicle is:

(a) Subject to vehicle pollution control requirements as covered in ORS 803.350, 803.465, and 815.295; or

(b) Subject to any county or district registration fee as provided in ORS 801.040.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 803.370
Stats. Implemented: ORS 801.040(6) & (7), ORS 803.350, ORS 803.465 & ORS 815.295
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99

Requests for Personal Information

735-010-0200

General Qualifications for Obtaining Personal Information

(1) A person may qualify to receive personal information from a motor vehicle record under more than one subsection of ORS 802.179.

(2) Personal information obtained under any subsection of ORS 802.179 shall only be used for the purpose authorized in the specific statutory subsection(s) under which the personal information was obtained and if applicable, shall only be used for the purpose authorized by administrative rule.

(3) Only personal information contained in a records list, obtained under ORS 802.179(11), shall be used for bulk distribution purposes.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179 & ORS 802.183
Stats. Implemented: ORS 802.175 - ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

735-010-0210

Requests for Personal Information by a Legitimate Business

(1) In order for DMV to make a determination of whether a business is legitimate under ORS 802.179(3), the business must provide evidence to DMV's satisfaction which includes:

(a) One of the following:

(A) A current and valid business, professional, occupational or commercial license issued by a governmental body that regulates that type of business, profession, trade or commercial activity;

(B) A Certificate of Existence or Authorization issued by the Secretary of State under ORS 60.027, 62.065, 63.027, or 65.027;

(C) A current copy of the Articles of Incorporation or Articles of Organization, including proof that they have been filed with the Secretary of State, or if a foreign corporation or foreign limited liability company, proof that it has been authorized by the Secretary of State to transact business in Oregon or that it has been formed in accordance with the laws of the jurisdiction in which it is incorporated or organized;

(D) A current copy of the business Partnership Agreement;

(E) A copy of the business income tax form filed for the latest tax period for which filing was required;

(F) A certification from the Office of Minority, Women and Emerging Small Businesses or similar governmental organization; or

(b) At least two of the following:

(A) A business invoice issued by the business within the last three months showing the sale of a product or service the business provides;

(B) A current business card;

(C) A resume of work completed or products sold within the last three months, with names and phone numbers of customers who may be contacted for verification;

(D) A copy of a signed contract for work performed within the last six months;

(E) A copy of a current rental, lease or purchase agreement for the business premises, or proof of ownership of the business premises;

(F) A copy of a current rental or lease agreement for business equipment or a receipt or purchase agreement showing the purchase of business equipment. "Business equipment" means equipment necessary for the business to manufacture or provide a product or deliver a service and includes such things as a computer, photocopier, business vehicle, cash register, etc;

(G) A copy of a business related loan agreement;

(H) A copy of or reference to a current business advertisement, including but not limited to the yellow pages, newspaper, television or other media of general circulation. If from a reference DMV is unable to verify the advertisement, documentation of the advertisement may be required.

(2) Personal information obtained from DMV by a legitimate business may be used for the purposes specified in ORS 802.179(3).

(3) Only an individual who is an employee or owner of the business may obtain personal information from DMV. No other business or individual may act as a third party to obtain personal information on behalf of a legitimate business.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06

735-010-0215

Determination that a Person is a Disseminator

(1) In order for DMV to determine if a person is in the business of disseminating information, the person must provide the following:

(a) Sufficient evidence that the person is a legitimate business as set forth in OAR 735-010-0210(1);

(b) A description of the business;

(c) A description of the method used to ensure that personal information will be resold or redisclosed only to qualified persons or entities who are authorized by DMV to receive personal information;

(d) A copy of or reference to a current business advertisement, including but not limited to the yellow pages, newspaper, television, internet or other media of general circulation. If from a reference DMV is unable to verify the advertisement, documentation of the advertisement may be required; and

(e) Names and phone numbers of customers who may be contacted for verification.

(2) DMV may periodically require a disseminator to update the information described in section (1) of this rule and may use the information to monitor the disseminator's compliance with the requirements for the resale and redisclosure of personal information.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06

735-010-0220

Requests for Personal Information Resulting from the Unsafe Operation of a Motor Vehicle

(1) To qualify to receive personal information under ORS 802.179(17), a person must submit a copy of one of the following reports, or if the person does not have a copy, information that enables DMV to locate such report if it has been filed with DMV. The report must contain information showing that the person was physically injured or that property they own was damaged as the result of the unsafe operation of a vehicle":

(a) A police crash report;

(b) A police incident report; or

(c) An Oregon Traffic Accident and Insurance Report filed with DMV under ORS 811.720.

(2) Except as otherwise provided by rule or law, a person who qualifies for personal information under section (1) of this rule shall be eligible to obtain:

(a) Personal information about any owner, driver or occupant of a vehicle involved in the unsafe operation and identified from the police crash report, the police incident report or the Oregon Traffic Accident and Insurance Report provided to DMV; and

(b) Personal information about any witness to the unsafe operation listed on the police crash report, the police incident report or the Oregon Traffic Accident and Insurance Report provided to DMV.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179 & ORS 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 10-2000, f. & cert. ef. 9-21-00

735-010-0230

Request for Personal Information by a Person with Financial Interest in a Vehicle

(1) This rule provides for release of personal information from DMV motor vehicle records to a person who has a financial interest in a vehicle, as authorized by ORS 802.179(16). Personal information shall only be released by DMV, to a person with a financial interest in a vehicle under ORS 802.179(16), for use in titling and registration of the vehicle.

(2) Except as otherwise provided in this rule, to have a financial interest in a vehicle a person must:

(a) Hold an interest in a vehicle that is reflected on the current title or salvage title;

(b) Be the owner of a vehicle as defined in ORS 801.375(1). An owner also includes a person who has acquired an ownership interest, but is not shown on the current title because the title has not been issued showing current ownership;

(c) Be the lessee of the vehicle under a lease agreement;

(d) Be the lessor of the vehicle under a lease agreement;

(e) Be a person entitled to the possession and use of the vehicle under a security agreement;

(f) Have a security interest in the vehicle; or

(g) Be a vehicle dealer who has acquired an ownership interest of the type described in subsection (2)(b) of this rule but is exempt from obtaining a title reflecting such interest under ORS 803.105.

(3) A person must submit documentation or information sufficient for DMV to verify their financial interest in the vehicle. Except as otherwise provided in this rule, such information or documentation includes:

(a) The current title or salvage title or the title or salvage title record of this state or of the jurisdiction in which the vehicle is titled. If registered in a state which does not issue title, the current registration document;

(b) An application for Oregon title or salvage title that is submitted or presented to DMV, that reflects the ownership interest and is supported by a primary ownership document(s) or other documentary evidence of ownership, as described in OAR 735-020-0010; or

(c) A verification from another jurisdiction that an application for title or a salvage title has been submitted that reflects that person's ownership interest;

(d) A notice of transfer of a vehicle to a vehicle dealer submitted to DMV under the provisions of ORS 803.105, or verification from another jurisdiction that such notice has been filed with that jurisdiction under similar provisions.

(4) DMV may consider other information or documents as verification of a financial interest if the document(s) covered in section (3) of this rule are not available and where the person can otherwise show they have acquired an ownership interest in the vehicle. Other information or documents that may be considered include, but are not limited to:

(a) A bill of sale signed by the owner(s) of record. "Owner of record" means the person(s) shown as the current owner in the vehicle records of the department;

(b) A security or purchase agreement for the vehicle;

(c) A canceled check used to purchase the vehicle;

(d) A completed and notarized affidavit to establish financial interest in a vehicle, DMV Form 7116(A); or

(e) A transitional ownership document submitted to DMV and which is not invalidated or rejected.

(5) Information or documents used for verification of a financial interest in a vehicle for the purpose of this rule shall:

(a) Indicate who has an interest in the vehicle. Information shall be sufficient for DMV to determine that the interest is of a type that would qualify as a financial interest as covered in section (2) of this rule; and

(b) Include a description of the vehicle sufficient to identify the vehicle in which the person has an interest.

(6) DMV may rely on the following to determine if personal information will be provided to a person who has a financial interest:

(a) Information or documents in DMV's possession;

(b) Information or documents available to DMV from other sources; or

(c) Information or documents requested by DMV, from the person to whom the personal information is to be released.

(7) Except as otherwise provided in this rule, the information or a document(s) required to verify a financial interest shall be submitted to DMV or presented to DMV for review and DMV must be satisfied as to the validity of the information or document(s).

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05

735-010-0240

Authorization by DMV to Resell or Redisclose Personal Information

(1) A person or government agency authorized under ORS 802.179 to receive personal information from motor vehicle records may only resell or redisclose personal information to a person or government agency authorized by DMV to receive the information. To be authorized by DMV, a person must provide evidence to DMV sufficient to establish that the person is qualified to obtain personal information under ORS 802.179.

(2) A government agency that uses personal information for a governmental purpose is authorized by DMV and does not need to establish that it is qualified to obtain personal information.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06

735-010-0250

Notification of Name and Address to the Director of Veterans’ Affairs

(1) This rule specifies the procedures and the method for the Director of Transportation to notify the Director of Veterans’ Affairs of the name and residence or mailing address of a member or veteran of a uniformed service, as authorized under Chapter 647, Oregon Laws 2013.

(2) The following definitions apply:

(a) “Authorization” means a written consent form signed by a Member or Veteran allowing DMV to provide the name and residence address or mailing address of the Member or Veteran to ODVA. An Authorization includes an electronic transaction as described in OAR 735-018-0130.

(b) “DMV” as used in Chapter 647, Oregon Laws 2013 and this rule means the Director of Transportation, the Department of Transportation, and the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(c) “ODVA” as used in Chapter 647, Oregon Laws 2013 and this rule means the Director of Veterans’ Affairs and the Oregon Department of Veterans’ Affairs.

(d) “Member or Veteran” means a member or veteran of a “Uniformed Service” as that term is defined in Chapter 647, Oregon Laws 2013.

(3) In conjunction with any application for driving privileges, identification card, vehicle title or vehicle registration, DMV will provide a written Authorization that may only be completed by an applicant who is a Member or Veteran of a uniformed service. DMV will not verify whether a person who has completed an Authorization is a Member or Veteran of a Uniformed Service.

(4) Upon receipt of an Authorization as described in section (2)(a) of this rule, DMV will enter the person’s name and residence address or mailing address into an electronic file.

(5) No later than the 5th day of each month, the electronic file described in section (4) of this rule will be transmitted electronically to ODVA using a secure file transfer protocol.

Statutory Auth.: ORS 184.616, 184.612, 802.010, 802.179, Ch. 647 OL 2013
Stats. Implemented: Ch. 647 OL 2013
Hist.: DMV 20-2013, f. & cert. ef. 12-20-13

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