Oregon Administrative Code

750-010-0010 Fees. (1) The State Board of Towing will impose a fee of $100 on any person or entity holding or applying for a tow or recovery vehicle business certificate in the State of Oregon, pursuant to ORS 822.285 (3). The fee: (a) Will be collected during the application pro…

750-010-0030 Fiscal. The State Board of Towing fiscal year will be a twelve-month period beginning July 1 of one year and ending June 30 of the following year. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2…

750-010-0040 Contracts and Procurement. The State Board of Towing may contract for services when: (1) The specialized skills, knowledge, and resources are not available within the Board or its staff; (2) The work cannot be done in a reasonable time with the Board’s own workforce;…

750-010-0050 Board Meetings. (1) The State Board of Towing will hold regular public Board Meetings at least once every fiscal quarter. (2) Regularly scheduled Public Board Meetings will be noticed to the public a minimum of ten (10) calendar days before the scheduled date of the …

750-010-0060 Annual Business Work Session. The State Board of Towing will hold an annual business meeting and work session every fiscal year. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/…

750-010-0080 Board Member Assignments. (1) State Board of Towing members may be assigned, individually or as a committee, to a task or project by volunteering or by Board vote or consensus during a public meeting. (2) No more than three (3) active Board Members will be assigned t…

750-010-0090 Board Committees and Subcommittees. (1) Special Committees and Subcommittees may be created by the State Board of Towing to research, study, or evaluate various aspects of policy, programs, or projects for the purpose of recommendation of courses of action to the Boa…

750-010-0100 Board Staff. (1) The State Board of Towing will appoint an Administrative Officer, approved by the Governor of the State of Oregon, to serve as the Administrator of the Board. (2) The Administrator is responsible for the general administration and implementation of t…

750-010-0110 Public Records Requests. (1) Anyone may submit a written request for disclosure of a public record for which the State Board of Towing is the custodian (2) A request for public records must include: (a) The name, mailing address, email address, and telephone number, …

750-010-0120 Severability. These rules are severable. If any rule under OAR Chapter 750, or part thereof or the application of such rule to any person or circumstance is declared invalid, that invalidity will not affect the validity of any remaining portion of the rules of the St…

750-040-0001 Violations. The State Board of Towing may impose a civil penalty, sanctions, or take other disciplinary action under ORS 822.265: for violation of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 and other laws and …

750-040-0005 Administration and Implementation of ORS 98.853 (1) The photograph(s) required in ORS 98.853 (1) must sufficiently show: (a) The vehicle as parked prior to the tow and (b) The vehicle parked in violation, including photographs demonstrating: (A) When required or pres…

750-040-0006 Administration and Implementation of ORS 98.854. (1) Signs posted prohibiting or restricting public parking in a parking facility required by ORS 98.854 (1) must: (a) Clearly disclose the parking prohibitions or restrictions using plain words or easy-to-understand gr…

750-040-0008 Administration and Implementation of ORS 98.856 (1) A tower must provide proof of payment for all payments or monies received. (a) A receipt for payment received at the origin of the tow or drop off of a towed vehicle must be provided to the vehicle owner, owner or p…

750-040-0015 Implementation and Administration of ORS 822.200 (1) A tower may not lease, rent, loan, or sell a tow business certificate or TW plates. (2) It is a violation of ORS 822.605 to knowingly or recklessly submit a tow business certificate application with false, misleadi…

750-040-0020 Separate Violations. Each violation of a law assigned to the State Board of Towing for administration, an administrative rule adopted by the Board, or an Order issued by the Board is a separate violation subject to separate Board disciplinary actions and sanctions, i…

750-040-0040 Enforcement. (1) The State Board of Towing may issue a Notice of Proposed Disciplinary Action for violation(s) of the laws administered, or administrative rules adopted, by the Board. (2) The Board Administrator or the Administrator’s designee will have the authority…

750-060-0001 Consumer Protection and Complaints. (1) The objective of the State Board of Towing is to safeguard the health, safety, and public welfare of the people of Oregon by: (a) Providing education to the public and the towing industry; (b) Establishing professional industry…

750-060-0010 Consumer Protection Committee. (1) The State Board of Towing may appoint a Consumer Protection Committee comprised of three Board Members, but no more than two tow industry members, to: (a) Provide direction and consultation to Board Staff; and (b) Make recommendatio…

750-060-0020 Complaints. (1) Any person, business, agency, or other entity may file a complaint with the State Board of Towing regarding the conduct of a tow business certificate holder, its employer or representative, an individual tow operator, or any person or business represe…

750-070-0001 Purpose of Investigations. The purpose of an investigation conducted by the State Board of Towing is to: (1) Investigate the allegations of a complaint; (2) Investigate information indicating potential violations of Oregon’s laws and administrative rules regulating t…

750-070-0010 State Board of Towing Investigations (1) The State Board of Towing may investigate a complaint when: (a) The complaint subject appears to be within the Board’s jurisdiction and authority, and (b) There is sufficient evidence to justify a Board investigation to determ…

750-070-0020 Investigations of Violations or Complaints. (1) The State Board of Towing may delegate its investigative powers and authority for purposes of initiating and carrying out investigations. (2) In the conduct of investigations, the Board may: (a) Take evidence. (b) Take …

750-070-0030 Cooperation in Board Investigations. (1) Every tower, tow business, and their representatives and employees, regardless of tow business certificate status, having information regarding a possible violation of the administrative rules or laws governing the towing indu…

750-070-0040 Investigation Reports. (1) The purpose of an investigation report is to provide the State Board of Towing with enough information to determine whether violations of one or more laws or administrative rules occurred and to take action when appropriate. (2) An investig…

750-070-0050 Board Actions After Investigations. Upon completion of an investigation the State Board of Towing may: (1) Close the investigation and take no action. (2) Issue a letter of concern, reprimand, or instruction. (3) Issue a Notice of Proposed Action proposing disciplina…

750-080-0001 Progressive Discipline. (1) The goal of progressive discipline is to correct behavior and conduct, deter a person or entity from repeating the conduct, and educate the person or entity to improve compliance with applicable laws and rules. (2) Progressive discipline i…

750-080-0020 Mitigating Circumstances. The State Board of Towing may consider the following mitigating circumstances prior to issuing or imposing a non-disciplinary or disciplinary action under this section: (1) The person or entity’s history in observing the provisions of ORS 98…

750-080-0030 Disciplinary Actions and Sanctions. (1) The State Board of Towing may order the Department of Transportation to deny, suspend, revoke or refuse to renew a towing business certificate pursuant to ORS 822.280. (2) The Board may order the Department of State Police to d…

750-080-0040 Civil Penalty Schedule. (1) The State Board of Towing adopts the following Schedule of Civil Penalties: (a) 1st offense: $0 - $500 (b) 2nd offense: $500 - $1000 (c) 3rd offense: $1000 - $2500 (d) Additional offenses: Additional civil penalties, in an amount up to $25…

750-080-0050 Effective Dates of Disciplinary Actions. (1) The State Board of Towing will forward a Final Order to deny, suspend, revoke or refuse to renew a towing business certificate to the Department of Transportation 60 days after the date of a Final Order pursuant to ORS 822…

800-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, except temporary rules adopted under ORS 183.335(5), the State Board of Tax Practitioners shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State'…

800-001-0005 Contested Cases (1) The Board of Tax Practitioners adopts the version of the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect as of December 1, 2024. (2) Pursuant to ORS 673.730(3) the Board may close a contested case heari…

800-001-0010 Assistance in Hearing (1) The Board Administrator or Compliance Specialist is authorized to appear (but not make legal argument) on behalf of the agency in a hearing or in a class of contested case hearings in which the Attorney General or the Deputy Attorney General…

800-001-0015 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases In addition to the notice requirements under the Attorney General's Model Rules of Procedure in effect as of December 1, 2024, the Notice to Parties in Contested Cases may include the sta…

800-001-0020 Hearing Request and Answers: Consequences of Failure to Answer (1) A Request for Hearing, and Answer when required, shall be made in writing to the Board by a party or their attorney. (2) If the responding party fails to timely (within the period of time indicated in…

800-001-0025 Requirement to Personally Appear at Hearing Any licensee, registrant, or subject of a Board-proposed action that requests a contested case hearing must personally appear for the Hearing. The Board may require the hearing to be held in person, by telephone, video conf…

800-010-0015 Definitions As used in these rules, unless the context requires otherwise: (1) "Board" means the State Board of Tax Practitioners. (2) "Branch Office" means an office or other place of business where clients would normally or usually contact a licensee. (3) "Client" …

800-010-0017 Incompetence and Negligence Under ORS 673.700(3): (1) A licensee is incompetent when they have engaged in conduct where a lack of ability, fitness, or knowledge to perform their professional functions is evident. (2) A licensee is negligent when they have engaged in …

800-010-0020 Confidential Information (1) A licensee or registrant shall not disclose any confidential information obtained in the course of a professional engagement except: (a) With the written consent of the client; (b) After being subpoenaed by a court or governmental agency …

800-010-0025 Integrity and Objectivity (1) A licensee shall not knowingly misrepresent facts while preparing, assisting, or advising in the preparation of income tax returns. A licensee may resolve doubt in favor of a client if there is reasonable support for the position. (2) A …

800-010-0030 Accountability (1) A Licensed Tax Consultant or Oregon State Registered Tax Preparation Business shall only allow persons who are licensed with the board as Tax Consultants, Tax Preparers, or as described in ORS 673.610, to practice in the consultant's or Oregon Stat…

800-010-0035 Contingent Fees A licensee shall not render or offer to render income tax preparation services under an arrangement whereby no fee will be charged unless a specific finding or result is attained, or where the fee is otherwise contingent upon the findings or results o…

800-010-0040 Identification (1) A licensee shall include, on all Oregon federal and state personal income tax returns or electronic filing documents prepared by the licensee, the name of the tax preparation business through which the personal income tax returns were prepared, the…

800-010-0041 Address and Telephone (1) Licensees and registrants must file with the Board, and must keep updated with the Board within fifteen (15) business days of any change thereto, their current mailing address, residence address, e-mail address and telephone number(s). (2) L…

800-010-0042 Communications If the Board sends a request for information to the licensee's or registrant’s address of record, on file with the board, a licensee, or registrant must respond to the board in writing within fifteen (15) business days of the sending date of the board’…

800-010-0045 Experience and Competence (1) A licensee must not prepare tax returns or give advice that is outside the field of the licensee's experience and competence without first seeking the assistance of a person who is competent in the area of concern. See, OAR 800-010-0015(…

800-010-0050 Advertising and Solicitation (1) As used in this rule, “advertise” and “advertising” means any form of printed, broadcast, or electronic material that makes known professional income tax services. This includes, but is not limited to, business cards and stationery, a…

800-015-0005 Basic Education (1) Only an accredited college/university, educational service district (ESD), private career school, or a private firm that has met or is exempt from the licensure requirements of the Oregon Higher Education Coordinating Commission (HECC) or a privat…

800-015-0010 Continuing Education The continuing education rules in OAR 800 Division 15 apply to license renewals requested by Oregon Licensed Tax Consultants and Oregon Licensed Tax Preparersand registration renewals for Registered Tax Aides under OAR 800-016-0001 (1) Except for…