Or. Admin. R. 845-025-2705

Current through Register Vol. 63, No. 9, September 1, 2024

Section 845-025-2705 - Industrial Hemp Handler Certificate Application; Denial; Revocation

(1) Hemp handlers may apply for an industrial hemp certificate to transfer industrial hemp or hemp items to a processor licensed under ORS 475C.085, a wholesaler licensed under ORS 475C.093, or a retailer licensed under ORS 475C.097.

(2) The application must:

(a) Include proof of licensure under ORS 571.281;

(b) Include the certificate and application fees specified in OAR 845-025-1060;

(c) Identify the licensed Oregon Department of Agriculture location from which the industrial hemp or hemp items will be transferred from for transport to a Commission licensee; and

(d) Include any other information identified in the application form.

(3) Incomplete Applications.

(a) The Commission must review an application to determine if it is complete. An application may be considered incomplete if an application form is not complete, the full application and certificate fee has not been paid, or some or all of the additional information required under these rules is not submitted.

(b) An applicant may submit a written request for reconsideration of a decision that an application is incomplete. Such a request must be received by the Commission within 10 days of the date the incomplete notice was mailed to the applicant. The Commission shall give the applicants the opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550.

(4) Denial.

(a) The Commission may deny any application under this rule if:

(A) The application does not meet the requirements of section (2) of this rule;

(B) The applicant submits false or misleading information; or

(C) The Commission has reasonable cause to believe that the applicant does not have a good record of compliance with ORS 475C.005 to 475C.525 or applicable rules adopted thereunder, or with ORS 571.260 to ORS 571.348 or applicable rules adopted thereunder prior to or after certification.

(b) If the Commission denies an application, it shall issue a notice of denial in accordance with ORS 183. The applicant has the right to a hearing in accordance with ORS 183.

(5) Revocation.

(a) The Commission shall revoke any industrial hemp handler certificate if the holder no longer holds a valid industrial hemp handler license issued under ORS 571.281.

(b) The Commission may revoke any industrial hemp certificate if:

(A) The holder violates a provision of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.644 or Commission rules adopted thereunder;

(B) The holder violates a provision of ORS 571.260 to ORS 571.348 or a rule adopted thereunder; or

(C) The holder submits false or misleading information to the Commission.

(c) If the Commission revokes a certificate, the holder has a right to a hearing in accordance with ORS 183.

Or. Admin. R. 845-025-2705

OLCC 3-2019, adopt filed 02/25/2019, effective 3/1/2019; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 88-2022, minor correction filed 03/24/2022, effective 3/24/2022

Statutory/Other Authority: ORS 475C.017

Statutes/Other Implemented: ORS 571.336 & 571.337