(1) The Department of Consumer and Business Services may impose a civil penalty as provided in ORS § 455.895 for each violation, against a licensed manufactured structure dealer or against a person required by a rule adopted pursuant to ORS § 446.666 to be licensed, if the dealer or person violates a provision of ORS § 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures. If the dealer authorizes a person licensed pursuant to ORS § 446.666 to commit a violation, the dealer and person are both subject to civil penalty. Notwithstanding subsection (2) of this section, if a dealer expressly or by implication authorizes an act by a real estate agent described in ORS § 446.676 (14) that is a violation, the dealer is subject to the civil penalty for the violation.

(2) The department may impose a civil penalty, in an amount not to exceed $5,000 for each manufactured structure improperly sold, brokered or exchanged, or offered or displayed for sale, against a person that:

(a) Violates a provision of ORS § 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures if the person does not possess a license required by ORS § 446.671 or by rule pursuant to ORS § 446.666; or

(b) Violates a rule adopted by the department relating to the sale of manufactured structures if the person is exempt from licensing under ORS § 446.676. [2003 c.655 § 47c]

446.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.