Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 20 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section 837-020-0105 - License Denials, Revocations, Suspensions; and Appeals
Current through Register Vol. 63, No. 12, December 1, 2024
(1) The State Fire Marshal may deny, revoke, or suspend a Nonretail Facility or Conditional Nonretail Facility license if the owner or operator:
(2) The option of denial, revocation or suspension may be based on the following:
(3) Suspension or revocation of a license may include suspension or revocation of the current license and the right to apply for a subsequent license.
(4) Where the State Fire Marshal has alleged a self-service violation at a Retail Facility, Nonretail Facility, or Conditional Nonretail Facility, the burden of proof to show the purchase was in compliance with the requirements of ORS 480.310 through 480.385 and OAR chapter 837, division 20 shifts from the state to the owner or operator once the state establishes and provides the owner or operator with the following information:
(5) Any owner or operator who applies for a license required by OAR 837-020-0085, and whose application is denied, is entitled to file an appeal. Appeals are conducted as contested case proceedings pursuant to ORS 183.413 to 183.470.
(6) Before suspending, revoking or terminating a license issued under OAR 837-020-0085, the State Fire Marshal will give prior notice to the licensee and offer a hearing. If requested, such hearings are conducted as contested case proceedings pursuant to ORS 183.413 to 183.470.
(7) Where the State Fire Marshal proposes to assess a civil penalty under ORS 480.385 and OAR 837-020-0125, appropriate notice of appeal rights will be given under ORS 480.385.
(8) Judicial review of a final order made after a hearing requested under section (1) or (2) of this rule will be as provided in ORS 183.480 to 183.497 for judicial review of contested cases.
(9) Nothing in this Section may prevent the State Fire Marshal from closing a nonretail facility or a conditional nonretail facility under ORS 479.170, provided that the accelerated appeals process explained in ORS 479.180 is observed.
(10) Where a nonretail customer or a conditional use customer account list has been submitted to the State Fire Marshal during enforcement or appeal proceedings, the State Fire Marshal will treat the list as confidential to the extent allowed by law.
Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.355, 480.365 - 480.375 & 480.385