(1) Except as provided in subsections (2) and (3) of this section, the following education requirements apply to an applicant for a vehicle dealer certificate under ORS § 822.020:

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(a) An applicant for a vehicle dealer certificate under ORS § 822.020 must complete a minimum of eight hours of courses in any approved precertification education program described in subsection (4) of this section and pass the tests required under paragraph (c) of this subsection within one year prior to submitting an application for the certificate;

(b) An applicant for a renewal certificate under ORS § 822.020 must, for each year of a certification period, complete a minimum of four hours of courses in any approved continuing education program described in subsection (4) of this section and pass the tests required under paragraph (c) of this subsection prior to submitting an application for the renewal certificate. An applicant may not repeat a course in an approved continuing education program for which the applicant previously obtained credit within the same certification period; and

(c) For each course hour required under paragraphs (a) and (b) of this subsection, the provider shall administer a test and the applicant must pass each test with a score of at least 70 percent in order to receive credit for the course hour. Each test must contain at least 10 questions.

(2) The precertification education requirements in subsection (1)(a) of this section do not apply to an applicant for a vehicle dealer certificate under ORS § 822.020 if, at the time of application, the applicant holds another certificate issued under ORS § 822.020.

(3) The continuing education requirements of subsection (1)(b) of this section do not apply to an applicant for renewal of a vehicle dealer certificate under ORS § 822.020 if the applicant is:

(a) A dealer having a franchise in this state for nationally advertised and recognized motor vehicles;

(b) A dealer having a franchise in this state for new recreational vehicles;

(c) A motor vehicle rental company having a national franchise under the ownership of a corporation that operates throughout the United States; or

(d) A national auction company that holds a vehicle dealer certificate and a dismantler certificate whose primary activity in this state is the sale or disposition of totaled vehicles.

(4) Precertification and continuing education programs and the tests required in subsection (1) of this section may be developed by any motor vehicle industry organization including, but not limited to, the Oregon Independent Auto Dealers Association. Each education program shall be submitted to the advisory committee established under ORS § 802.370 for approval every two years. The committee shall vote to approve or deny approval of each program. A program that is approved must cover state and federal law in at least the following areas:

(a) Motor vehicle advertising;

(b) Odometer laws and regulations;

(c) Vehicle licensing and registration;

(d) Unlawful dealer activities;

(e) Environmental rules and regulations;

(f) Oregon and industry standard motor vehicle forms;

(g) Truthful lending practices;

(h) Motor vehicle financing;

(i) Service and warranty contracts; and

(j) Land use regulations governing motor vehicle dealers.

(5) Precertification and continuing education programs required in subsection (1) of this section may be provided by accredited educational institutions, private vocational schools, correspondence schools or trade associations if the education programs have been approved by the advisory committee established under ORS § 802.370 as required in subsection (4) of this section.

(6) The approval of an education program under subsection (4) of this section expires two years from the date of the approval. [1999 c.277 § 2; 2001 c.727 § 1; 2003 c.179 § 1; 2003 c.655 § 127; 2005 c.654 32,33; 2007 c.370 § 1; 2013 c.531 § 1; 2023 c.400 § 44]