(1) Notwithstanding ORS § 822.015 (1)(k) or (L), a lien claimant who sells or offers for sale vehicles being sold to foreclose possessory liens, or sells or offers for sale vehicles acquired through possessory liens, shall keep records sufficient to establish that all vehicles being sold or offered for sale were acquired by the lien claimant as the result of a possessory lien. Records kept in accordance with this subsection must be made available to the Department of Transportation on request.

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(2) The department may adopt such rules as are necessary to carry out the provisions of this section, including but not limited to rules that:

(a) Specify the form in which the records must be kept, how the records must be maintained and the period for which they must be retained.

(b) Specify how the records will be provided to the department if requested.

(c) Specify how lien claimants will notify the department when vehicles are sold to foreclose possessory liens and when vehicles acquired through possessory liens are sold.

(3) Rules adopted under this section shall be developed in consultation with representatives of those lien claimants who may be affected by this section, including but not limited to towing business operators.

(4) The department may impose a civil penalty, in an amount not to exceed $1,000 for each violation, against any person who violates this section or any rules adopted by the department under this section. Civil penalties shall be imposed as provided in ORS § 183.745. [2003 c.459 § 3; 2009 c.551 § 6; 2015 c.111 § 3]