Or. Admin. Code § 603-015-0085

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

Section 603-015-0085 - Licensing

(1) In order to operate in Oregon, each separate physical location out of which an animal rescue entity operates shall obtain and maintain a license from the Department. An animal rescue entity must complete the process laid out in section (2), (3), and (4) of this rule prior to commencing operations within Oregon.

(2) An animal rescue entity shall apply to the Department for the issuance or renewal of a license using the following process:

(a) Obtain a license application from the Department's online services link or by contacting the Department.

(b) Complete the license application in full, including any required attachments or additional information requested and return the completed application to the Department.

(c) For the issuance of a license, schedule an inspection by the Department upon the Department's request under section (3) of this rule.

(d) For the renewal of a license, either schedule an inspection by the Department upon the Department's request under section (3) of this rule or obtain an exemption as per section (7) of this rule.

(3) The Department will review and process applications using the following process:

(a) The Department will process complete license applications on a first come, first served basis.

(b) Prior to the Department's issuance of a license, the Department shall request and conduct an inspection of any portion(s) of the animal rescue entity that it determines reasonably appropriate. The inspection shall allow the Department to determine if the animal rescue entity is compliant with the following:

(A) Indoor facilities as per OAR 603-015-0040;

(B) Outdoor facilities as per OAR 603-015-0045;

(C) Health and husbandry practices as per OAR 603-015-0050;

(D) Record keeping as per OAR 603-015-0060 and OAR 603-015-0090 including importation documents if animals are acquired from an out-of-state or international source; and

(E) Any other applicable laws or regulations.

(c) Following an inspection, the Department will issue the animal rescue entity a written, preliminary determination describing the results of the inspection. The final determination of the results of the inspection shall be made in the licensing decision.

(d) The Department may require follow-up documentation from the animal rescue entity following the inspection to determine compliance with the laws laid out in subsection (3)(b) of this rule).

(e) The Department will issue a preliminary licensing decision following the completion of the steps laid out in section (2) and (3) of this rule and following the Department's review of all information. If the Department preliminarily determines that an animal rescue entity should receive a license, the Department will submit an invoice for payment of the license fee required under section (4) of this rule to the animal rescue entity. A final licensing decision will be made following receipt of payment.

(f) The Department shall not issue or renew a license if:

(A) The application is incomplete;

(B) The animal rescue entity fails to pay the license fee;

(C) The animal rescue entity did not allow an inspection as required by subsection (3)(b) of this rule;

(D) The animal rescue entity did not provide follow up documentation required under subsection (3)(d) of this rule;

(E) The animal rescue entity is out of compliance with any of the provisions laid out in subsection (3)(b) of this rule); or

(F) The Department determines it should exercise its discretion to decline to do so under section (8) of this rule.

(4) For the issuance or renewal of a license, the fee shall be calculated based on a combination of a single organization license fee, the number of physical locations owned, operated, or controlled by the ARE, and the total number of animals transferred into an ARE's custody during the prior licensing year. Fees are not prorated. A license will be valid for the remainder of the license year in which the license is issued or renewed.

(a) Organization license fee - Each ARE shall pay an organization license fee based on the ARE's organization type. Organization fees shall be calculated as follows:

(A) ARE's which own or operate one or more physical locations meeting the definition in OAR 603-015-080(4)(a); this fee includes one primary physical location owned or operated by the ARE - $375

(B) ARE's which do not own or operate any physical locations, that operate only foster facilities or physical locations meeting the definition in OAR 603-015-080(4)(b) - $300

(b) Physical location fee - Each ARE shall pay a physical location fee for each physical location where animals in the legal custody of the ARE are kept. For AREs which are licensed under (4)(a)(A) of this rule, the ARE's primary physical location will be exempt from this fee. The physical location fee shall be $75 per physical location.

(c) Animal transfer fee -Each ARE shall pay an animal transfer fee based on the number of animals transferred into the ARE's custody during the previous license year. Transferred animals shall include any animal that was in the ARE's legal custody for any length of time. Animal transfer fees will not be assessed to AREs being newly licensed, but shall be assessed each following license year for renewal. Animal Transfer Fees shall be calculated as follows:

(A) 50 or fewer animals transferred into the ARE's custody - $0

(B) 51 to 250 animals transferred into the ARE's custody - $0

(C) 251 to 500 animals transferred into the ARE's custody - $250

(D) 501 to 1000 animals transferred into the ARE's custody - $500

(E) 1001 to 2500 animals transferred into the ARE's custody - $750

(F) 2501 or more animals transferred into the ARE's custody - $1,500

(5) If the Department receives a complaint about an animal rescue entity or a physical location or foster facility controlled by an animal rescue entity, the Department may initiate an investigation and inspect that animal rescue entity or facility. The Department may seek and obtain a warrant to conduct an investigation or inspection, and when conducting an investigation or inspection pursuant to this rule, the Department may seize any evidence or report any other violations that it observes or otherwise discovers.

(6) An animal rescue entity may only transfer a license to another person with the prior written consent of the Department. The Department will only grant a transfer request if it determines the current license has not expired and the request complies with the requirements of this provision. To request a transfer of a license, a licensee shall submit a request to transfer the license to the Department in writing and include the name, address, and management, ownership, or substantial control of their business or operation to which the animal rescue entity wishes to transfer its license and shall include any other information or documentation requested by the Department. The transferee shall submit a signed release to the Department permitting the performance of a background investigation of the transferee, and the Department shall conduct a background investigation. An inspection is required to complete the license transfer. The Department will either deny or grant the transfer as soon as practicable.

(7) A license renewal for an animal rescue entity may be granted by the Department without an inspection if the animal rescue entity has not committed any violations in the preceding license year and has not made changes to its business or facility. Changes include but are not limited to any alteration of the business location, facility structure, or ownership information. The request for an inspection exemption can be made on the license renewal form.

(8) The Department may refuse to issue or renew, suspend, or revoke a license for any one or more of the following grounds:

(a) Falsification or a deliberate misstatement in the application for any license, any renewal license, or any license transfer;

(b) Engaging in continued noncompliance or repeat violations of provisions outlined in section (3) of this rule;

(c) Engaging in action that seriously threatened the health, safety, or welfare of any animal or person;

(d) Failure to correct deficiencies found during an inspection or investigation or any other violations; or

(e) Any other reason allowed or required by law.

Or. Admin. Code § 603-015-0085

DOA 19-2020, adopt filed 12/01/2020, effective 12/1/2020; DOA 20-2023, amend filed 05/11/2023, effective 5/15/2023; DOA 10-2024, amend filed 05/24/2024, effective 5/24/2024

Statutory/Other Authority: ORS 609.415, 561 & 596

Statutes/Other Implemented: ORS 609.415 & 609.420