Or. Admin. Code § 603-014-0048

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-014-0048 - Reactivation Fees for Expired Certificates of Recordation of Brands

(1) If a certificate of recordation has expired, the person who held the certification of recordation may reactivate the certificate as provided in this section within one year of the date the certificate expired.

(2) Within 60 days of the expiration, the department will provide written notice of the expiration to the person who held the certificate.

(3) To reactivate a certificate of recordation, the person who held the certificate shall submit a written request, submit all other requested documents, and pay a reactivation fee plus a renewal fee.

(a) The person who held the certificate of recordation may request in writing that the department reactivate the certificate. The reactivation fee must accompany the request. The amount of the reactivation fee is $25 for each certificate.

(b) If the department determines that the certificate of recordation may still be reactivated, the department will inform the person who held the certificate of the amount of the renewal fee and may request additional documents from the person.

(c) The amount of the renewal fee for each certificate of recordation will be calculated based on the livestock species and on the number of days between the date that the department determined that the certificate may still be activated and the new expiration date. For all livestock species except sheep, the renewal fee for a certificate of recordation shall be $.07 per day, up to a maximum of $100. For sheep, the renewal fee for a certificate of recordation shall be $.03 per day, up to a maximum of $40.

(d) Upon receiving the information described in paragraph (b), the person who held a certificate of recordation may submit the renewal fee to the department. If the person does not submit the renewal fee so that the department receives it within three months of the date that the department determined that the certificate of recordation may be reactivated or within one year of the date that the certificate expired, whichever occurs first, then the department's determination will be deemed rescinded without further action.

(e) Upon receipt of a written request, the reactivation fee, the renewal fee, and all requested documents as provided in this section, the department will reactivate the certificate of recordation. The reactivation shall allow use of the brand between the date that the department determined that the certificate of recordation may be reactivated and the new expiration date. The reactivation does not allow use of the brand between the date the certificate or recordation expired and the date that the department determined that the certificate of recordation may be reactivated.

(4) If the person who held a certificate of recordation does not reactivate an expired certificate of recordation within one year of the date that the certificate expired and as otherwise provided in this section, then the certificate is considered abandoned and any other person may apply for recordation of the distinctive brand.

(5) The department will mail the notifications described in this section to a person who held a certificate of recordation by addressing the notification to the person and use the person's last known address as shown on the department's records.

Or. Admin. Code § 603-014-0048

DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03; DOA 32-2003, f. & cert. ef. 9-12-03

Stat. Auth.: ORS 561

Stats. Implemented: ORS 604.027(1) & 604.027(2)