Oregon Administrative Rules Chapter 750 - STATE BOARD OF TOWING
Here’s an organized breakdown of Oregon Administrative Rules Chapter 750—State Board of Towing (SBOT), effective as of January 1, 2024:
🧾 Chapter 750 – Division Overview
Division 1 – Model Rules of Procedure (§ 750‑001‑0001 to .0050)
Division 10 – General Administrative & Operational Rules (§ 750‑010‑0001 to .0120)
Division 40 – Violations (§ 750‑040‑0001 to .0040)
Division 60 – Consumer Protection & Complaints (§ 750‑060‑0001 to .0020)
Division 70 – Investigations & Investigation Reports (§ 750‑070‑0001 to .0050)
Division 80 – Progressive Discipline, Sanctions, Civil Penalties (§ 750‑080‑00xx) (regulations.justia.com)
📐 Division 1 – Model Rules of Procedure
SBOT adopts Oregon AG’s Model Rules for rulemaking, contested cases, civil penalty proceedings, and staff representation in hearings (oregon.gov).
Notice requirements include publishing in the Secretary of State bulletin, website, mailing list, ODOT offices, law enforcement, and towing industry groups, with advance timelines (21–28 days) .
🗂 Division 10 – Admin & Operational Rules
Definitions (§ 750‑010‑0001)
Key terms include:
Administrator (Board officer), Board/SBOT, DMV, ODOT, OSP, Tower/Towing Business, Tow Certificate, Special Committee, etc. (law.cornell.edu)
Fees (§ 750‑010‑0010)
$100 fee to obtain or renew a towing business certificate (via DMV).
Fees are non-refundable and deposited into SBOT’s account.
NSF/returned payment fees of $35 apply, and may trigger disciplinary action (regulations.justia.com).
Fiscal Year & Procurement (§ 750‑010‑0030–0040)
FY runs July 1–June 30.
Board may contract for specialist services if not available in-house (oregon.gov).
Meetings & Committees (§ 750‑010‑0050–0090)
At least quarterly public meetings; public notice required 10 days in advance (emails, website, Oregon Transparency calendar).
Emergency meetings require 3-day notice.
Board may form committees/subcommittees (3+ members, including board liaison) (regulations.justia.com, oregon.gov).
Public Records & Severability (§ 750‑010‑0110, .0120)
Written public records requests accepted; payment and processing rules apply.
Rules are severable—invalidity of one portion does not affect others (oregon.gov, regulations.justia.com).
⚠️ Division 40 – Violations
Board may initiate disciplinary action or impose civil penalties for violations of ORS statutes (e.g., ORS 822.200–.235, ORS 181A.350) and OAR Chapter 750 rules (oregon.gov).
Each violation treated separately with potential separate penalties.
🛡 Division 60 – Consumer Protection & Complaints
SBOT aims to protect public health, safety, and welfare by educating both the towing industry and public, setting professional standards, investigating complaints, and enforcing laws (oregon.gov).
A Consumer Protection Committee (up to 3 members, max 2 from towing industry) assists with directing investigations; conflicts of interest must be declared (oregon.gov).
Anyone (public or agency) may file a complaint; detailed process with 30-day response, public executive session review, conflict-of-interest rules apply (oregon.gov).
🔍 Division 70 – Investigations
Investigations triggered by complaints or any credible indication of violations.
Board may initiate its own investigations and may cooperate with other agencies.
Investigative authority can be delegated to staff or committees (oregon.gov).
🏛 Division 80 – Discipline, Sanctions & Penalties
Board may recommend DMV or State Police deny, suspend, revoke, or refuse renewal of certificates or tow business appointments under ORS 822.280 & .290 (law.cornell.edu).
Penalty schedule:
1st offense: $0–$500
2nd offense: $500–$1,000
3rd offense: $1,000–$2,500
Subsequent: up to $25,000 per violation
Board may exceed these limits if aggravating factors warrant (oregon.gov).
Final orders are forwarded to DMV/OSP 60 days after issuance (oregon.gov).
✅ Summary
Chapter 750 sets forth:
Administrative structure and procedures (notice, meetings, public records).
Fee structure and fiscal governance.
Complaint and investigation processes.
Enforcement powers, disciplinary protocols, and penalty frameworks.
Clear separation between procedural rules (Div 1), operational rules (Div 10), enforcement (Div 40), protection & complaints (Div 60–70), and sanctions (Div 80).
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