Current through Register Vol. 64, No. 3, March 1, 2025
(1) As used in this
rule a license fee means a fee for a license, certificate of sanitation, permit
or registration that is established for a fixed term and is subject to
renewal.
(2) As provided in ORS
561.300 the department shall
collect a delinquent renewal penalty for any license fee if the licensee fails
to renew the license before the 60th day after the license expiration date. The
license fees required by the following laws under the jurisdiction of the
department are subject to a delinquent renewal penalty:
(a) Section 3, Chapter 584, Oregon Laws 1991
(preceding ORS 561.005) (veterinary medicine
registrations);
(b) ORS
468B.215,
561.175 (confined animal feeding
operations);
(c) ORS
571.055,
571.057,
571.075 (growers and dealers of
nursery stock);
(d) ORS
571.525 -
571.535 (Christmas tree
growers);
(e) ORS
585.020,
585.040-
585.050 (produce dealers,
peddlers and cash buyers);
(f) ORS
586.270,
586.280 (grain
warehouses);
(g) ORS
599.215 -
599.245 (livestock auction
markets);
(h) ORS
600.020,
600.030 (feeding garbage to
swine);
(i) ORS
601.030,
601.040,
601.080,
601.100 (transporting, rendering
and disposing of dead animals);
(j)
ORS 603.025 (meat sellers and
slaughterers);
(k) ORS
604.620 (livestock feed
lots);
(l) ORS
616.706 (food retailers and
processors, food warehouses);
(m)
ORS 618.121,
618.136 -
618.146 (scales and metering
devices);
(n) ORS
619.031 (animal food
processors);
(o) ORS
621.070,
621.072,
621.161,
621.166,
621.266, (dairy producers,
distributors, samplers, graders, haulers and pasteurizers, and dairy products
plants);
(p) ORS
621.335 (manufacturers of frozen
desserts);
(q) ORS
622.020,
622.080,
622.220,
622.290 (shellfish growers,
harvesters, distributors and shucker-packers, oyster plat fees);
(r) ORS
625.020,
625.050,
625.080,
625.110,
625.180 (bakeries and bakery
distributors);
(s) ORS
628.220 -
628.240 (refrigerated locker
plants);
(t) ORS
632.715 -
632.730 (commercial egg breakers
and handlers);
(u) ORS
633.700 (seed
dealers);
(v) ORS
635.027,
635.030 (manufacturers of
nonalcoholic beverages).
(3) The department shall collect a delinquent
renewal penalty for each license listed in section (2) of this rule according
to the following schedule:
(a) For each
license fee of $100 or less, $30 or the amount of each fee, whichever amount is
less; and
(b) For each license fee
greater than $100, 30 percent of the amount of each fee or $750, whichever
amount is less.
(4) The
department will send a notice to all licensees who fail to renew their license
by the 30th day after their license expires, that a delinquent renewal penalty
will be collected if their license fee is not paid before the 60th day after
the license expires.
(5) The
department will send a notice to all licensees who have failed to renew their
license by the 60th day after the license expires, that a delinquent renewal
penalty must be paid in addition to the license fee before the license is
renewed.
(6) The department will
waive the delinquent renewal penalty if:
(a)
The licensee's failure to renew the license prior to the 60th day was caused
entirely or in part by a department error or omission; or
(b) The licensee notifies the department in
writing prior to the 60th day after the license has expired, that the licensee
will not engage in the licensed activity any time during the current license
period. However, if the licensee resumes the licensed activity during the
current license period, the licensee must pay both the license renewal fee and
the delinquent renewal penalty.
(7) The delinquent renewal penalty will be
assessed in addition to any other penalty or liability, provided by law, for
engaging in an activity licensed by the department without obtaining and
maintaining a valid license.
Stat. Auth.: ORS
561.190 & ORS
561.300
Stats. Implemented: ORS
561.300
