Oregon Code § 180.416·Enacted ·Last updated March 01, 2026
Statute Text
Nonparticipating manufacturer bond; rules.
(1) A nonparticipating manufacturer shall post a bond
for the benefit of the state, in accordance with this section, which is
conditioned on the nonparticipating manufacturer fully complying with the
obligations of ORS 323.804 or 323.806.
(2) The bond must
be posted at least 10 days in advance of each calendar quarter as a condition
to the nonparticipating manufacturer and its brand families being included in
the state directory for that quarter. The amount of the bond must be the
greater of:
(a) The greatest
required escrow or equity assessment payment amount due from the
nonparticipating manufacturer or its predecessor for any of the 12 preceding
calendar quarters; or
(b) $25,000.
(3) If a
nonparticipating manufacturer that posted a bond has failed to make or have
made on its behalf deposits or payments equal to the full amount owed for a
quarter within 15 days following the due date for the quarter, the Attorney
General may execute upon the bond in the amount equal to any remaining amount
due, including any applicable penalties or other charges allowable by law.
Amounts the Attorney General collects on a bond shall be deposited into the
General Fund for the benefit of the state and shall reduce the amount due from
the nonparticipating manufacturer in the dollar amount collected. Obligations
above the amount collected on the bond remain due from the nonparticipating
manufacturer and any importer liable as provided in ORS 323.804 or 323.806.
(4) The bond
required under this section must be a good and sufficient bond executed by a
surety company licensed and authorized to do business in Oregon and shall be
conditioned to pay the escrow requirements as well as any penalties or other
charges under this chapter.
(5) The Attorney
General may promulgate rules necessary to implement this section including
acceptable forms and types of bonds. [2017 c.687 §9; 2023 c.401 §10]
Note:
See note under 180.400.