Or. Admin. Code § 845-009-0080

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

Section 845-009-0080 - Extensions and Exemptions

(1) ORS 471.542 allows the Commission:

(a) To extend the time limit for completing the course and passing the exam for hardship reasons; and

(b) To exempt licensees who do not participate in the management of the business.

(2) The Commission may grant an extension to an applicant or licensee for a length of time less than the licensing period but no more than 360 days if:

(a) An applicant or licensee is seriously ill or injured;

(b) A member of an applicant or licensees family is seriously ill, injured or has died;

(c) There is no course available within 100 miles of an applicant or licensee residence and applicant or licensee does not have access to an online alcohol server education course;

(d) The Commission approved the applicant as a security interest holder within 30 days before the license expiration; or

(e) An applicant or licensee shows other good cause to grant a hardship extension.

(3) The Commission may exempt an applicant or licensee who:

(a) Does not participate in the sale or service of alcoholic beverages;

(b) Does not participate in setting, implementing or changing the business alcoholic beverage sales or service practices; and

(c) Has a co-licensee or manager who meets the alcohol server education requirement.

(4) An applicant or licensee must send the Commission a written request for an extension or exemption that explains the reason for the request. Requests for extensions should include the amount of time needed. The Commission will notify the applicant or licensee in writing of its approval or denial. Extension approval notices will include the length of the extension.

(5) The Commission may deny, cancel or suspend the license:

(a) If the applicant or licensee fails to complete an approved alcohol server education course and pass the exam by the date the extension expires; or

(b) If the licensee fails to complete an approved alcohol server education course and pass the exam within 45 days of the date the exemption no longer applies.

(6) If the applicant or licensee requests a contested case hearing:

(a) The Commission will not deny, cancel or suspend the license if the applicant or licensee completes an approved alcohol server education course before the hearing;

(b) The Administrative Law Judge will consider whether the length of the extension the Commission granted was appropriate if the extension granted was less than the applicant or licensee requested.

Or. Admin. Code § 845-009-0080

OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 16-2017, amend filed 12/29/2017, effective 1/1/2018

Statutory/Other Authority: ORS 471, 471.030, 471.040 & 471.730(1)

Statutes/Other Implemented: ORS 471.542