US Laws, Codes, Statutes & Cases

Chapter 319 — Motor Vehicle and Aircraft Fuel Taxes

 

2007 EDITION

 

MOTOR VEHICLE AND AIRCRAFT FUEL TAXES

 

REVENUE AND TAXATION

 

MOTOR VEHICLE FUEL AND AIRCRAFT FUEL TAXES

 

319.010     Definitions for ORS 319.010 to 319.430

 

319.020     Monthly statement by dealer; license tax imposed

 

319.030     License required to be dealer in motor vehicle fuel

 

319.040     Application for and issuance of dealer’s license

 

319.042     Grounds for refusal to issue dealer license; hearing; records inspection

 

319.050     Performance bond; hearing

 

319.051     Conditions for reduced bond amount

 

319.052     Conditions for increased bond amount; request and conditions for reduction; rules

 

319.053     Amount of bond when twice license tax is less than $1,000

 

319.060     Deposit in lieu of bond

 

319.070     Release of surety

 

319.080     Additional bond or deposit

 

319.090     Immediate collection of tax and interest; penalties; waiver

 

319.096     Suspension of license; liability for tax; reinstatement

 

319.098     Contesting license suspension

 

319.100     Revocation of license

 

319.102     Notice to dealers of suspension or revocation of another dealer’s license; rules

 

319.110     Cancellation of license on request of dealer or when licensee no longer a dealer

 

319.120     Remedies cumulative

 

319.125     Change of ownership; cancellation of license

 

319.180     Payment of tax; delinquency penalty; interest rates

 

319.182     Collection of delinquent tax, interest or penalty; warrant; judgment lien

 

319.184     Use of collection agency

 

319.186     Uncollectible tax, interest or penalty

 

319.190     Monthly statement of dealer; penalty

 

319.192     Refund to dealer of uncollectible taxes; rules

 

319.200     Assessing tax and penalty where dealer fails to report

 

319.210     Billing purchasers

 

319.220     Receipt, payment or sale of motor vehicle fuel without invoice or delivery tag prohibited

 

319.230     Transporting motor vehicle fuel in bulk

 

319.240     Exemption of export fuel

 

319.250     Certain sales to Armed Forces exempted; reports

 

319.260     Fuel in vehicles coming into or leaving state not taxed

 

319.270     Fuel sold or distributed to dealers

 

319.275     Liability for taxes, interest and penalties when person importing fuel does not hold license

 

319.280     Refunds generally

 

319.290     Limitation on applications for refunds

 

319.300     Seller to give invoice for each purchase made by person entitled to refund

 

319.310     Claims for refunds may be required to be under oath; investigation of claims

 

319.320     Refund of tax on fuel used in operation of vehicles over certain roads or private property

 

319.330     Refunds to purchasers of fuel for aircraft

 

319.370     Examinations and investigations; correcting reports and payments

 

319.375     Limitation on credit for or refund of overpayment and on assessment of additional tax

 

319.380     Examining books and accounts of carrier of motor vehicle fuel

 

319.382     Agreements for refunds to Indian tribes

 

319.390     Records to be kept by dealers; inspection of records

 

319.400     Records to be kept three years

 

319.410     Disposition of tax moneys

 

319.415     Estimate of tax on fuel used for boats; transfer to Boating Safety, Law Enforcement and Facility Account; use

 

319.417     Estimate of tax on fuel used in aircraft; transfer to State Aviation Account; use

 

319.420     ORS 319.510 to 319.880 not affected

 

319.430     Savings clause

 

USE FUEL TAX

 

319.510     Short title

 

319.520     Definitions for ORS 319.510 to 319.880

 

319.525     Agreements with Indian tribes

 

319.530     Imposition of tax; rate

 

319.550     User’s license required to use fuel; exceptions

 

319.560     Application for and issuance of user’s license

 

319.570     Faithful performance bond

 

319.580     Deposit in lieu of bond

 

319.590     Release of surety

 

319.600     Display of emblem

 

319.611     Penalty for unlicensed use of fuel or nondisplay of authorization or emblem; waiver

 

319.621     Seller’s license

 

319.628     Grounds for refusal to issue user’s or seller’s license; hearing; records inspection

 

319.630     Revocation of license; reissue of license

 

319.640     Cancellation of license on request of user

 

319.650     Notifying department upon ceasing to use fuel in connection with motor vehicle

 

319.660     Removal of emblem

 

319.665     Seller to collect tax; exceptions

 

319.671     When invoices required; contents

 

319.675     Seller’s report to department

 

319.681     Payment of tax by seller

 

319.690     Monthly report of user; remittance; credit against taxes; annual reports of certain users

 

319.692     Quarterly reports if average monthly tax under $300; when annual reports authorized

 

319.694     Penalty for delinquency in remitting tax; waiver; interest rates

 

319.697     Records required of sellers and users; alternative records for certain users

 

319.700     Tax as lien

 

319.720     Delinquency in payment; notice to debtors of user or seller; report to department

 

319.730     Collection of delinquent payment by seizure and sale of motor vehicle

 

319.740     Action by Attorney General to collect delinquency; certificate of department as evidence

 

319.742     Collection of delinquent obligation generally; warrant; judgment lien

 

319.744     Use of collection agency

 

319.746     Uncollectible obligation

 

319.760     Assessment of deficiency; presumption that fuel subject to tax

 

319.780     Assessing tax and penalty upon failure to make report

 

319.790     Petition for reassessment

 

319.801     Appeal to circuit court

 

319.810     Time limitation on service of notice of additional tax

 

319.820     Refund of tax erroneously or illegally collected

 

319.831     Refund of tax on fuel used in operation of vehicle over certain roads or private property

 

319.835     Investigation of refund applications

 

319.840     Enforcement; rules and regulations

 

319.850     Presumption of use; rules

 

319.860     Producers, distributors and others to keep records; examining books and records

 

319.870     Results of investigations to be private

 

319.875     Prohibitions

 

319.880     Disposition of moneys

 

PENALTIES

 

319.990     Penalties

 

MOTOR VEHICLE FUEL AND AIRCRAFT FUEL TAXES

 

      319.010 Definitions for ORS 319.010 to 319.430. As used in ORS 319.010 to 319.430, unless the context requires otherwise:

      (1) “Aircraft” means every contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, operated or propelled by the use of aircraft fuel.

      (2) “Aircraft fuel” means any gasoline and any other inflammable or combustible gas or liquid by whatever name such gasoline, gas or liquid is known or sold, usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the Department of Transportation is for purposes other than the propulsion of aircraft.

      (3) “Airport” means any area of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft.

      (4) “Broker” means and includes every person other than a dealer engaged in business as a broker, jobber or wholesale merchant dealing in motor vehicle fuel or aircraft fuel.

      (5) “Bulk transfer” means any change in ownership of motor vehicle fuel or aircraft fuel contained in a terminal storage facility or any physical movement of motor vehicle fuel or aircraft fuel between terminal storage facilities by pipeline or marine transport.

      (6) “Dealer” means any person who:

      (a) Imports or causes to be imported motor vehicle fuels or aircraft fuels for sale, use or distribution in, and after the same reaches the State of Oregon, but “dealer” does not include any person who imports into this state motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under ORS 319.010 to 319.430 and who assumes liability for the payment of the applicable license tax to this state;

      (b) Produces, refines, manufactures or compounds motor vehicle fuels or aircraft fuels in the State of Oregon for use, distribution or sale in this state;

      (c) Acquires in this state for sale, use or distribution in this state motor vehicle fuels or aircraft fuels with respect to which there has been no license tax previously incurred; or

      (d) Acquires title to or possession of motor vehicle fuels or aircraft fuels in this state and exports the product out of this state.

      (7) “Department” means the Department of Transportation.

      (8) “Distribution” means, in addition to its ordinary meaning, the delivery of motor vehicle fuel or aircraft fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel or aircraft fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer.

      (9) “First sale, use or distribution of motor vehicle fuel or aircraft fuel” means the first withdrawal, other than by bulk transfer, of motor vehicle fuel or aircraft fuel from terminal storage facilities for sale, use or distribution. “First sale, use or distribution of motor vehicle fuel or aircraft fuel” also means the first sale, use or distribution of motor vehicle fuel or aircraft fuel after import into this state if the motor vehicle fuel or aircraft fuel is delivered other than to the terminal storage facilities of a licensed dealer.

      (10) “Highway” means every way, thoroughfare and place, of whatever nature, open for use of the public for the purpose of vehicular travel.

      (11) “Motor vehicle” means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel.

      (12) “Motor vehicle fuel” means and includes gasoline and any other inflammable or combustible gas or liquid, by whatever name such gasoline, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid, the chief use of which, as determined by the department, is for purposes other than the propulsion of motor vehicles upon the highways of this state.

      (13) “Person” includes every natural person, association, firm, partnership, corporation or the United States.

      (14) “Restricted landing area” means any area of land or water, or both, which is used or made available for the landing and takeoff of aircraft, the use of which, except in case of emergency, is provided from time to time by the department.

      (15) “Service station” means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles or aircraft fuel into the fuel tanks of aircraft.

      (16) “Terminal storage facility” means any fuel storage facility that has marine or pipeline access. [Amended by 1955 c.287 §19; 1955 c.730 §§1,15; 1957 c.209 §1; 1959 c.505 §1; 1963 c.226 §1; 1987 c.610 §1; 1989 c.664 §1; 1993 c.741 §28]

 

      319.020 Monthly statement by dealer; license tax imposed. (1) Subject to subsections (2) to (4) of this section, in addition to the taxes otherwise provided for by law, every dealer engaging in the dealer’s own name, or in the name of others, in the first sale, use or distribution of motor vehicle fuel or aircraft fuel or withdrawal of motor vehicle fuel or aircraft fuel for sale, use or distribution within areas in this state within which the state lacks the power to tax the sale, use or distribution of motor vehicle fuel or aircraft fuel, shall:

      (a) Not later than the 25th day of each calendar month, render a statement to the Department of Transportation of all motor vehicle fuel or aircraft fuel sold, used, distributed or so withdrawn by the dealer in the State of Oregon as well as all such fuel sold, used or distributed in this state by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the applicable license tax during the preceding calendar month.

      (b) Except as provided in ORS 319.270, pay a license tax computed on the basis of 24 cents per gallon on the first sale, use or distribution of such motor vehicle fuel or aircraft fuel so sold, used, distributed or withdrawn as shown by such statement in the manner and within the time provided in ORS 319.010 to 319.430.

      (2) When aircraft fuel is sold, used or distributed by a dealer, the license tax shall be computed on the basis of nine cents per gallon of fuel so sold, used or distributed, except that when aircraft fuel usable in aircraft operated by turbine engines (turbo-prop or jet) is sold, used or distributed, the tax rate shall be one cent per gallon.

      (3) In lieu of claiming refund of the tax paid on motor vehicle fuel consumed by such dealer in nonhighway use as provided in ORS 319.280, 319.290 and 319.320, or of any prior erroneous payment of license tax made to the state by such dealer, the dealer may show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax.

      (4) The license tax computed on the basis of the sale, use, distribution or withdrawal of motor vehicle or aircraft fuel shall not be imposed wherever such tax is prohibited by the Constitution or laws of the United States with respect to such tax. [Amended by 1955 c.730 §2; 1959 c.505 §2; 1967 c.463 §1; 1973 c.376 §1; 1977 c.293 §1; 1981 c.698 §1; 1983 c.727 §§1,5; 1985 c.209 §12; 1987 c.610 §2; 1987 c.899 §§8,10, 14; 1989 c.664 §2; 1989 c.865 §1; 1991 c.497 §§6,7; 1999 c.1037 §§1,3]

 

      319.025 [1991 c.863 §18; repealed by 1991 c.863 §21]

 

      319.030 License required to be dealer in motor vehicle fuel. No dealer shall sell, use or distribute any motor vehicle fuel until the dealer has secured a dealer’s license as required by ORS 319.010 to 319.430.

 

      319.040 Application for and issuance of dealer’s license. (1) Every person, before becoming a dealer in motor vehicle fuel in this state, shall make an application to the Department of Transportation for a license authorizing such person to engage in business as a dealer.

      (2) Applications for the license must be made on forms prescribed, prepared and furnished by the department.

      (3) The applications shall be accompanied by a duly acknowledged certificate containing:

      (a) The name under which the dealer is transacting business within Oregon.

      (b) The places of business and location of distributing stations of the dealer in Oregon.

      (c) The name and address of the managing agent, the names and addresses of the several persons constituting the firm or partnership and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent.

      (4) If the dealer is an association of persons, firm, partnership or corporation organized under the laws of another state, territory or country, if it has not already done so, it must first comply with the laws of Oregon relating to the transaction of its appropriate business in Oregon.

      (5) The application for a motor vehicle fuel dealer’s license having been accepted for filing, and the bond required by ORS 319.050 having been accepted and approved, the department may issue to the dealer a license in such form as the department may prescribe to transact business as a dealer in the State of Oregon. The license so issued is not assignable, and is valid only for the dealer in whose name issued.

      (6) The department shall keep and file all applications and bonds with an alphabetical index thereof, together with a record of all licensed dealers. [Amended by 1957 c.209 §2; 1999 c.769 §18]

 

      319.042 Grounds for refusal to issue dealer license; hearing; records inspection. (1) The Department of Transportation may refuse to issue a dealer license to a person who applies as provided in ORS 319.040 if the department finds that the person:

      (a) Was the holder of a license revoked under ORS 319.100;

      (b) Is applying for a license on behalf of a real party in interest whose license was revoked under ORS 319.100;

      (c) Was an officer, director, owner or managing employee of a nonindividual licensee whose license was revoked under ORS 319.100;

      (d) Owes a debt to the state under ORS 319.010 to 319.430;

      (e) Had a license issued by a jurisdiction other than Oregon to sell or buy untaxed motor vehicle fuel that was revoked or canceled for cause, whether the license was held by the person as an individual or as an officer, director, owner or managing employee or on behalf of a real party in interest;

      (f) In any jurisdiction, pleaded guilty to or was convicted of a crime directly related to the sale, use or distribution of motor vehicle fuel, whether as an individual or as an officer, director, owner or managing employee of a business engaged in the sale or distribution of motor vehicle fuel;

      (g) Had a civil judgment imposed for conduct involving fraud, misrepresentation, conversion or dishonesty, as an individual or as an officer, director, owner or managing employee of a business engaged in the sale or distribution of motor vehicle fuel;

      (h) Misrepresented or concealed a material fact in obtaining a license or in the reinstatement thereof;

      (i) Violated a statute or administrative rule regarding fuel taxation or distribution;

      (j) Failed to cooperate with the department’s investigations by:

      (A) Not furnishing requested documents;

      (B) Not furnishing when requested to do so a full and complete written explanation of a matter under investigation by the department; or

      (C) Not responding to a subpoena issued by the department; or

      (k) Failed to comply with an order issued by the department.

      (2) In addition to refusal of a license for reasons specified in subsection (1) of this section, the department may refuse to issue a dealer license for any other reason the department deems sufficient.

      (3) Before refusing to issue a license under this section, the department shall grant the applicant a hearing and shall give the applicant at least 10 days’ written notice of the time and place of the hearing. The hearing shall be a contested case hearing under the provisions of ORS chapter 183.

      (4) For purpose of consideration of an application for a license, the department may inspect or investigate the records of this state or of any other jurisdiction to verify the information on the application and to verify the applicant’s criminal and licensing history. [1999 c.769 §17]

 

      Note: 319.042 was added to and made a part of 319.010 to 319.430 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      319.050 Performance bond; hearing. (1) At the time of filing the certificate and application for a dealer’s license, the Department of Transportation shall require the dealer to file with the department, in a form prepared by the department, a bond executed by the dealer as principal with a corporate surety authorized to transact business in this state. The bond shall be payable to the State of Oregon conditioned upon performance of all the requirements of ORS 319.010 to 319.430, including the payment of all taxes, penalties and other obligations of the dealer arising out of ORS 319.010 to 319.430.

      (2) Except as provided in ORS 319.051, 319.052 and 319.053, a bond under subsection (1) of this section shall be in an amount that is equivalent to twice the dealer’s estimated monthly license tax, as determined by the department, or $250,000, whichever is less.

      (3) The department may reduce or increase the required amount for a bond as provided in ORS 319.051 and 319.052.

      (4) A bond given in connection with ORS 319.010 to 319.430 is a continuing instrument and covers any and all periods of time including the first and all subsequent periods for which a license may be granted in consequence of the giving of the bond. The liability of the surety on the bond for the aggregate of all claims that arise under the bond may not exceed the amount of the penalty of the bond. No recoveries on any bond or any execution of any new bond may invalidate any bond, but the total recoveries under any one bond may not exceed the amount of the bond.

      (5) A dealer required under this section to obtain a bond may demand by proper petition a hearing on the necessity of the bond or the reasonableness of the amount required. The department shall grant the petition for a hearing and shall hold the hearing within 10 days after the demand for the hearing. The decision of the department becomes final 10 days after service of the order on the dealer. The hearing is not subject to the requirements of ORS 183.413 to 183.470. [Amended by 1967 c.359 §690; 1999 c.769 §12; 2003 c.52 §1]

 

      319.051 Conditions for reduced bond amount. (1) For a dealer described in subsection (2) of this section, the bond required by the Department of Transportation under ORS 319.050 shall be in an amount that is equivalent to twice the dealer’s estimated monthly license tax, as determined by the department, or $100,000, whichever is less.

      (2) The provisions of subsection (1) of this section apply to a dealer who held a valid dealer’s license on October 23, 1999, issued under ORS 319.010 to 319.430, and who, since October 23, 1999, has:

      (a) Not been required to file a bond greater than $100,000; and

      (b) Performed, as determined by the department, the requirements of ORS 319.010 to 319.430, including the payment of all taxes, penalties and other obligations of the dealer arising out of ORS 319.010 to 319.430. [2003 c.52 §3]

 

      Note: 319.051 to 319.053 were added to and made a part of 319.010 to 319.430 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      319.052 Conditions for increased bond amount; request and conditions for reduction; rules. (1) The Department of Transportation shall increase a dealer’s bond filed under ORS 319.050 to an amount that is equivalent to twice the dealer’s estimated monthly license tax, as determined by the department, or $1 million, whichever is less, if, within a 24-month period, the dealer:

      (a) Was late three or more times in filing reports or making payments to the department;

      (b) Had three or more checks or electronic funds transfers to the department dishonored for lack of funds or credit;

      (c) Failed to maintain or make available a record of all purchases, receipts, sales and distribution of motor vehicle fuel as required under ORS 319.390; or

      (d) Had a motor vehicle fuel dealer license issued in this state or another jurisdiction revoked.

      (2) The department may waive an increase in the bond amount under subsection (1) of this section if the department determines that the dealer did not intend to avoid payment of license taxes when the dealer engaged in the conduct described in subsection (1)(a), (b) or (c) of this section or when the dealer engaged in the conduct that led to the license revocation described in subsection (1)(d) of this section. If the department waives an increase in the bond amount, the bond shall remain at an amount that is:

      (a) Required under ORS 319.051 for a dealer described in ORS 319.051; or

      (b) Required under ORS 319.050.

      (3) If the department increases the bond amount as provided in subsection (1) of this section, the dealer may, after 24 months, request in writing that the department reduce the bond amount. The department shall reduce the bond amount if the department determines that the dealer, in the 24 months prior to the dealer’s written request:

      (a) Filed timely reports and made timely payments;

      (b) Had no checks or electronic funds transfers to the department dishonored for lack of funds or credit;

      (c) Maintained and made available a record of all purchases, receipts, sales and distribution of motor vehicle fuel as required under ORS 319.390; and

      (d) Did not have a motor vehicle fuel dealer license issued in this state or another jurisdiction revoked.

      (4) If the department determines that the dealer met all of the requirements under subsection (3) of this section, the department shall reduce the bond required of a dealer described in ORS 319.050 or a dealer described in ORS 319.051 to an amount that is equivalent to twice the dealer’s estimated monthly license tax, as determined by the department, or $250,000, whichever is less.

      (5) If the department determines that the dealer failed to meet the requirements under subsection (3) of this section and that the failure was not due to the dealer’s intent to avoid payment of license taxes, the department may reduce the bond required of a dealer described in ORS 319.050 or a dealer described in ORS 319.051 to an amount that is equivalent to twice the dealer’s estimated monthly license tax, as determined by the department, or $250,000, whichever is less.

      (6) For purposes of this section, the department shall adopt rules establishing what constitutes evidence that a dealer did not intend to avoid payment of license taxes. [2003 c.52 §4]

 

      Note: See note under 319.051.

 

      319.053 Amount of bond when twice license tax is less than $1,000. If the amount that is equivalent to twice the amount of a dealer’s estimated monthly license tax, as determined by the Department of Transportation, is an amount that is less than $1,000, the bond amount required by ORS 319.050, 319.051 or 319.052 shall be $1,000. [2003 c.52 §5]

 

      Note: See note under 319.051.

 

      319.060 Deposit in lieu of bond. In lieu of the bond or bonds in total amount as fixed under ORS 319.050, 319.051, 319.052 or 319.053, any dealer may deposit with the State Treasurer, under such terms and conditions as the Department of Transportation may prescribe, a like amount of lawful money of the United States or bonds or other obligations of the United States, the State of Oregon, or any county of this state, of an actual market value not less than the amount so fixed by the department. [Amended by 2003 c.52 §7]

 

      319.070 Release of surety. Any surety on a bond furnished by a dealer as provided in ORS 319.050 shall be released and discharged from any and all liability to the state accruing on such bond after the expiration of 30 days from the date upon which the surety has lodged with the Department of Transportation a written request to be released and discharged, but this provision shall not operate to relieve, release or discharge the surety from any liability already accrued or which accrues before the expiration of the 30-day period. The department shall promptly, upon receiving the request, notify the dealer who furnished the bond, and unless the dealer, on or before the expiration of the 30-day period, files a new bond, or makes a deposit in accordance with the requirements of ORS 319.050 and 319.060, the department forthwith shall cancel the dealer’s license.

 

      319.080 Additional bond or deposit. The Department of Transportation may require a dealer to give a new or additional surety bond or to deposit additional securities of the character specified in ORS 319.060 if, in its opinion, the security of the surety bond theretofore filed by the dealer, or the market value of the properties deposited as security by the dealer, becomes impaired or inadequate. Upon failure of the dealer to give the new or additional surety bond or to deposit additional securities within 10 days after being requested so to do by the department, the department forthwith shall cancel the license of the dealer.

 

      319.090 Immediate collection of tax and interest; penalties; waiver. (1) If any dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and bond and securing the license required by ORS 319.030, the license tax provided in ORS 319.020 shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or used.

      (2) Except as otherwise provided in this subsection, the Department of Transportation shall proceed forthwith to determine, from the best available sources, the amount of such tax, and it shall immediately assess the tax and interest in the amount found due, together with a penalty of 100 percent of the tax, and shall make its certificate of such assessment and penalty. The department may waive all or part of a penalty imposed under this subsection if the department determines that a violation of the requirement under this section to file the certificate and bond or to secure the license was due to reasonable cause and without intent to avoid payment of the tax. In any suit or proceeding to collect such tax, interest or penalty, the certificate is prima facie evidence that the dealer therein named is indebted to the State of Oregon in the amount of the tax, interest and penalty therein stated. [Amended by 1981 c.396 §1; 1989 c.664 §3; 1999 c.769 §5]

 

      319.096 Suspension of license; liability for tax; reinstatement. (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 ORS 319.102 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 ORS 319.102 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. [2003 c.113 §2]

 

      Note: 319.096, 319.098 and 319.102 were added to and made a part of 319.010 to 319.430 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      319.098 Contesting license suspension. A dealer whose license has been suspended by the Department of Transportation under ORS 319.096 may contest the suspension as provided in ORS chapter 183. [2003 c.113 §3]

 

      Note: See note under 319.096.

 

      319.100 Revocation of license. (1) The Department of Transportation shall revoke the license of any dealer whose license has been suspended under ORS 319.096 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 the dealer at the last-known address in the files of the department, a notice of intention to revoke the dealer’s license. The notice shall give the reason for the revocation of the license.

      (3) The license revocation becomes effective without further notice if within 10 days from the mailing of the notice the dealer has not 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 ORS 319.102. [1989 c.664 §4; 2003 c.113 §4]

 

      319.102 Notice to dealers of suspension or revocation of another dealer’s license; rules. The Department of Transportation shall establish by rule the most efficient method of notifying licensed motor vehicle fuel dealers as required under ORS 319.096 and 319.100 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. [2003 c.113 §5]

 

      Note: See note under 319.096.

 

      319.110 Cancellation of license on request of dealer or when licensee no longer a dealer. (1) The Department of Transportation may, upon written request of a dealer, cancel any license issued to such dealer, the cancellation to become effective 30 days from the date of receipt of the written request.

      (2) If the department ascertains and finds that the person to whom a license has been issued is no longer engaged in the business of a dealer, the department may cancel the license of such dealer upon investigation after 30 days’ notice has been mailed to the last-known address of the dealer.

 

      319.120 Remedies cumulative. Except as otherwise provided in ORS 319.180 and 319.200, the remedies of the state provided in ORS 319.090, 319.100 and 319.110 are cumulative. No action taken pursuant to those statutes shall relieve any person from the penal provisions of ORS 319.010 to 319.430 and 319.990. [Amended by 1967 c.54 §1; 1999 c.769 §7]

 

      319.125 Change of ownership; cancellation of license. A licensed dealer who has a change of ownership shall notify the Department of Transportation immediately of the change. Upon notification, the department shall immediately cancel the motor vehicle fuel dealer license of the dealer. No license may be issued to any successor of the dealer until the successor completes an application and certificate and supplies the department with an adequate bond. For purposes of this section:

      (1) In the case of a corporation with more than 100 stockholders, transfer of stock in normal trading is not considered a change in ownership.

      (2) In the case of a corporation with 100 or fewer stockholders, transfer of less than 50 percent of the stock in any period of 12 consecutive months is not considered a change in ownership. [1987 c.610 §21]

 

      Note: 319.125 was added to and made a part of 319.010 to 319.430 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      319.130 [Repealed by 1987 c.610 §23]

 

      319.140 [Amended by 1959 c.505 §3; 1987 c.158 §50a; 1987 c.610 §3; repealed by 1989 c.664 §6]

 

      319.150