(1) The Department of Transportation may levy and collect a civil penalty, in an amount not to exceed $1,000 for each violation, against any person who has a vehicle dealer certificate if it finds that the dealer has violated any provisions of the Oregon Vehicle Code or of any rules adopted by the department relating to the regulation of vehicle dealers designated to act as agents of the department, the sale of vehicles, vehicle titling or vehicle registration.
(2) The department may levy and collect a civil penalty, in an amount not to exceed $5,000 for each vehicle improperly sold, brokered, exchanged or offered or displayed for sale, against any person if it finds that the person is in violation of:
(a) ORS 822.005 (1); or
(b) Any rules adopted by the department relating to the sale of vehicles and the person is not subject to subsection (1) of this section.