Current through Register Vol. 63, No. 9, September 1, 2024
(1) In exercising the discretion granted by
ORS 180.477(2), the
Attorney General will consider the following:
(a) Whether the entity tendering a
certification is a tobacco product manufacturer;
(b) Timeliness of the certification made by
the tobacco product manufacturer;
(c) Completeness, or lack thereof, of the
certification made by the tobacco product manufacturer;
(d) Whether the tobacco product manufacturer
has provided all requested documents supporting its certification;
(e) Whether the certification is based on
misrepresentation, false information, nondisclosure or concealment of facts;
(f) Whether the tobacco product
manufacturer is in full compliance with all provisions of Local, State and
Federal Law, including but not limited to the provisions of ORS
180.471,
180.474, and
323.810 to
323.816.
(g) Whether the tobacco product manufacturer,
predecessor of the tobacco product manufacturer, or previous manufacturer of
the brand is the subject of an injunction obtained by the State of Oregon for
previous failure to comply with the nonparticipating manufacturer statutes;
(h) Whether the tobacco product
manufacturer has failed to fully or timely fund a qualified escrow fund
approved by the Attorney General;
(i) Whether all final judgments and
penalties, including interest, costs and attorney fees thereon, in favor of the
State of Oregon, or any political subdivision thereof, for violation of any
Oregon statute, administrative rule or other law, including but not limited to
violations of ORS 323.810 to
323.816, have been fully
satisfied for the name, brand family, or tobacco product manufacturer;
(j) Whether the tobacco product
manufacturer has corrected deficiencies in its certification or criteria set
forth in this section in a timely and thorough manner;
(k) Whether the tobacco product manufacturer
has complied in a timely and thorough manner with any request by the Attorney
General pursuant to ORS
180.483 for additional
information or documentation or the criteria set forth in this section; and
(l) Any other facts or
circumstances the Attorney General determines are relevant.
(2) In a manner provided in
subsection (5) of this rule, the Attorney General shall remove a tobacco
product manufacturer or brand family from the directory if the Attorney General
determines that the tobacco product manufacturer or the brand family no longer
meets the requirements of ORS
180.471 and
180.474.
(3) In the manner provided in subsection (5)
of this rule, the Attorney General shall reject the application of a tobacco
product manufacturer or brand family to be listed in the directory if the
Attorney General determines that the tobacco product manufacturer or the brand
family does not meet the requirements of ORS
180.471 and
180.474.
(4) The Attorney General shall promptly
notify a tobacco product manufacturer in writing (via email or regular mail) if
the manufacturer has met the requirements of ORS
180.471 and
180.474 and will be included in
the directory. The notice shall include each brand family that the Attorney
General determines will be included in the directory.
(5) If, on or after the effective date of
these rules, the Attorney General intends to deny a tobacco product
manufacturer or brand family a place in the directory, to remove a manufacturer
or brand family from the directory, or to exclude an entity because the entity
is not a tobacco product manufacturer, the Attorney General shall mail a
written Notice of Intended Action to the manufacturer or entity. The Notice of
Intended Action shall specify:
(a) The
factual and legal basis upon which the Attorney General's intended action
rests;
(b) The actions that the
tobacco product manufacturer or entity must complete to cure the factual or
legal deficiencies upon which the intended action is based; and,
(c) The date upon which attempts to cure the
deficiencies must be completed and documentation of completion must be
submitted to the Attorney General. In no event shall the Attorney General allow
the tobacco product manufacturer or entity less than 15 days within which to
cure the deficiencies upon which the Attorney General's intended action is
based.
(6) On or before
the deadline set in the Notice of Intended Action, the tobacco product
manufacturer or entity shall provide documentation to the Attorney General
detailing the actions, if any, that the tobacco product manufacturer or entity
has taken to cure the deficiencies identified by the Attorney General in the
Notice of Intended Action.
(7)
Within 45 days of the date on which a certification that is the subject of a
Notice of Intent is received, the Attorney General shall determine whether the
deficiencies have been cured.
(a) If the
deficiencies have been cured to the satisfaction of the Attorney General, the
attorney General shall promptly notify a tobacco product manufacturer in
writing (via email or regular mail) that the manufacturer or brand name family
will be included in the directory.
(b) If any of the deficiencies have not been
cured to the satisfaction of the Attorney General, the Attorney General shall
promptly issue an order in Other than Contested Case denying a manufacturer,
brand name family, or entity a place in the directory.
(8) A tobacco product manufacturer or entity
that has complied with subsection (6) of this rule and is aggrieved by an Order
denying the manufacturer or brand name family a place in the directory may file
a petition for judicial review of the Attorney General's order as provided in
ORS 183.484.
(9) The Attorney General may, for any reason
and at the Attorney General's discretion, extend any period allowed by these
rules.
Stat. Auth.: ORS
180.477,
180.483
Stats. Implemented: ORS
180.477,
180.483
