Or. Admin. Code § 837-012-0535

Current through Register Vol. 64, No. 1, January 1, 2025

Section 837-012-0535 - Denial, Suspension and/or Revocation of Wholesale Permit

(1) The Department of the State Fire Marshal may deny, suspend or revoke a wholesale permit if a wholesale permit holder, or an applicant for a wholesale permit, fails to comply with ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(2) The period of denial, suspension or revocation may not exceed three years. In determining the appropriate sanction, the Department of the State Fire Marshal may consider the following criteria:

(a) The severity of the violation or violations and the impact on public safety, particularly whether the circumstances of the violation or violations presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(c) Whether the violation or violations were willful or intentional;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the wholesale permit holder or applicant; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation or violations.

(3) Suspension or revocation of a wholesale permit may include suspension or revocation of the current permit and the right to apply for a renewal permit.

(4) The Department of the State Fire Marshal may deny, suspend or revoke all wholesale permits issued to a wholesale permit holder or applicant for each of the permit holder's or applicant's wholesale sites pursuant to OAR 837-012-0520(3).

(5) At any time after the expiration of any period of denial of a permit application, or suspension or revocation of a wholesale permit, imposed by the Department of the State Fire Marshal, the applicant or wholesale permit holder subject to the denial, suspension or revocation may submit a permit application to the Department of the State Fire Marshal. The Department of the State Fire Marshal must either grant or deny the application pursuant to OAR 837-012-0525(1). If granted, the wholesale permit is valid for the remainder of the calendar year.

Or. Admin. Code § 837-012-0535

FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; Reverted to FM 5-1989, f. & cert. ef. 9-15-89; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 116-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476, 478 & 480

Statutes/Other Implemented: ORS 480.110 - 480.165