Or. Admin. Code § 603-024-0549

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

Section 603-024-0549 - New License Payments; Fluid Milk-Related License Expiration; Operating without a License

(1) New license payments must be received within 14 calendar days of the department's initial approval inspection. If a new license payment is not received within 14 calendar days of the initial approval inspection, the establishment will be considered operating without a license.

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) If the license fee is $100 or less, the delinquent renewal penalty shall be $30 or the amount of the fee, whichever amount is less.

(5) If the license fee is greater than $100, the delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(6) The department will send a notice to all licensees who fail to renew their license by the 30th calendar day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th calendar day after the license expires.

(7) The department will send a notice to all licensees who have failed to renew their license by the 60th calendar day after their license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed.

(8) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(b) The licensee notifies the department in writing prior to the 60th calendar day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty.

(9) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license.

(10) A previously licensed milk sampler and grader; milk hauler; producer-distributor, distributor and nonprocessing distributor; or producer will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

(11)If a person fails to obtain a required license, or if a person's required license lapses, the Department may order the closure of such person's operations. In ordering the closure of a person's operations for failing to obtain a required license or allowing a required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

Or. Admin. Code § 603-024-0549

DOA 11-2018, adopt filed 03/12/2018, effective 3/12/2018; DOA 20-2021, amend filed 06/07/2021, effective 6/7/2021

Statutory/Other Authority: ORS 561, 616 & 621

Statutes/Other Implemented: ORS 561.300, 616.706 & 621.072, ORS 616.706 & ORS 621.072