Or. Admin. Code § 837-012-1390

Current through Register Vol. 63, No. 11, November 1, 2024

Section 837-012-1390 - Denial, Suspension or Revocation

(1) The Department of the State Fire Marshal may deny, suspend or revoke a certificate of possession if:

(a) An individual who has applied for, or has been issued, a certificate of possession is ineligible for the certificate under ORS 480.225 or 480.230; or

(b) The individual who has been issued a certificate of possession has been convicted of a violation under ORS 480.990(6).

(2) If an individual to whom a certificate of possession was issued is found to be ineligible for the certificate under ORS 480.225 or 480.230, the Department of the State Fire Marshal may revoke the certificate.

(a) An individual is ineligible for a certificate of possession if, before or after being issued a certificate, the individual fails to comply with ORS 480.225 or 480.230.

(b) An individual is ineligible for a certificate of possession under ORS 480.225(1)(l) if the individual fails to possess, use, store or transport explosives in accordance with these rules and all other applicable federal, state or local laws, rules or regulations.

(3) If an individual to whom a certificate of possession was issued has been convicted of a violation under ORS 480.990(6), the Department of the State Fire Marshal may consider the following guidelines:

(a) If the individual has been convicted of one violation, the Department of the State Fire Marshal may deny, suspend or revoke the certificate of possession for up to one year.

(b) If the individual has been convicted of two violations, the Department of the State Fire Marshal may deny, suspend or revoke the certificate of possession for up to two years.

(c) If the individual has been convicted of three or more violations, the Department of the State Fire Marshal may deny, suspend or revoke the certificate of possession for up to three years.

(4) The Department of the State Fire Marshal may deny, suspend or revoke a certificate of registration if:

(a) The magazine registered, or to be registered, is ineligible for registration under ORS 480.200 to 480.290 or these rules; or

(b) For failure to comply with any provision of ORS 480.200 to 480.290 or these rules.

(5) If a magazine that has been issued a certificate of registration is found to be ineligible, the Department of the State Fire Marshal may revoke the certificate.

(6) A magazine is ineligible for a certificate of registration if, before or after the magazine is registered, the magazine does not comply with ORS 480.244 or these rules.

(7) Suspension or revocation of a certificate of possession or a certificate of registration may include suspension or revocation of the current certificate and the right to apply for a renewal certificate.

(8) The period for denial, suspension or revocation of a certificate of possession or certificate of registration may not exceed three years, unless otherwise provided by law. 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.

(b) The number of similar or related violations.

(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 individual or person.

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

(9) Any notice of denial, suspension or revocation issued by the Department of the State Fire Marshal is mailed by certified mail to the most recent address on file with the Department of the State Fire Marshal pursuant to OAR 837-012-1220(6).

Or. Admin. Code § 837-012-1390

OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06; OSFM 58-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476, 478 & 480

Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)