Or. Admin. Code § 141-082-0290

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-082-0290 - Lease and Public Facility License Renewal

(1) Notwithstanding any provisions in the lease or public facility license to the contrary, the holder of a lease or public facility license containing a right to renew, shall exercise the right to renew as set forth below.

(2) The holder of a lease or public facility license shall exercise the right to renew not less than 90 calendar days prior to the expiration of the then current term of the lease or public facility license. If the holder of a lease or public facility license fails to renew within the time required, the lease or public facility license shall terminate at the expiration of the current term.

(3) To exercise the right to renew, the holder of a lease or public facility license must submit to the Department:

(a) A written statement, on a form provided by the Department:

(A) Notifying the Department of the holder's intent to renew;

(B) Certifying that the uses or structures that are the subject of the lease or public facility license are consistent with local, state, or federal law; and

(C) Certifying that the existing uses and structures are consistent with those authorized under the lease or public facility license.

(b) A non-refundable renewal fee of $375 payable to the Department if;

(A) No changes in size or use have been made within the leasehold area, and

(B) The application was received within 90 days of expiration of the lease

(c) If changes in use or size have been made within the leasehold area, then a non-refundable $750 application fee is required.

(4) Upon receipt of the written statement and renewal fee, the Department shall determine, in its sole discretion, whether:

(a) The right to renew was exercised not less than 90 calendar days prior to the expiration of the then current term of the lease or public facility license;

(b) The lessee or licensee has fully complied with the terms of their authorization, the applicable statutes, or Oregon Administrative Rules; and

(c) The holder of the lease or public facility license has fully complied with any other authorization granted to them by the Department.

(5) If the Department determines that the renewal complies with the requirements of OAR 141-082-0290(4), the Department shall provide written notice to the holder that the lease or public facility license has been renewed for the additional term stated in the notice. As a condition of renewal, the Department shall have the right to require amendment to the terms and conditions of the lease at the time of renewal. If the lease or public facility license contains a provision requiring that the annual compensation be re-determined on renewal, the written notice from the Department shall include the new annual compensation rate.

(6) If the Department determines that the renewal does not comply with the requirements of OAR 141-082-0290(4), the Department shall provide written notice to the holder that the lease or public facility license that the lease or public facility license shall not be renewed. In that event, the lease or public facility license shall terminate at the expiration of the current term.

(7) If the lease or public facility license does not contain a right to renew, the holder of the lease or public facility license may apply for a new lease or public facility licenses as provided in these rules.

Or. Admin. Code § 141-082-0290

DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13; DSL 5-2016, f. 11-3-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 183, 273, 274

Stats. Implemented: ORS 274