Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the
purposes of this rule, "complete the application process" means an applicant
has submitted all fees, forms, documents and information required under OAR
845-025-1030 that are necessary
to act on an application and the proposed premises meets all of the security
requirements described in OAR
845-025-1400 to
845-025-1470. Completing the
application process does not include timeframes described in OAR
845-025-1090(5)
to correct deficiencies discovered during a pre-licensing inspection.
(2) Assigned Applications
(a) An applicant that had an application
assigned to a Commission staff member prior to January 1, 2020 must comply with
any and all deadlines for completing the application process that the
Commission previously provided to the applicant in writing.
(b) An applicant that has an application
assigned to a Commission staff member on or after January 1, 2020 must complete
the application process within 60 calendar days of the Commission notifying the
applicant that the application has been assigned.
(c) If the applicant does not complete the
application process within 60 calendar days, the application will be unassigned
and placed on hold as described in subsection (3)(b) of this rule.
(d) If the Commission discovers a potential
basis to deny the license that requires further investigation, the applicant is
not subject to the deadline described in (2)(b) above. The Commission will
communicate any new deadlines to the applicant in writing.
(3) Applications on Hold
(a) Applications placed on hold prior to
January 1, 2020
(A) Before an application that
was previously placed on hold is assigned to a Commission staff member,
applicants must provide to the Commission all requested documents and
information by the deadline previously communicated in writing by the
Commission.
(B) If the applicant
provides all requested documents and information by its deadline previously
communicated by the Commission, the application will be assigned and the
applicant must complete the application process within 60 calendar days of
being placed in that status.
(C) If
the applicant does not provide all requested documents and information by the
deadline communicated by the Commission, the application is incomplete as
described in subsection (5) of this rule.
(b) Applications placed on hold on or after
January 1, 2020.
(A) If an applicant is
unable to complete the application process in the initial 60 calendar days
after the application is assigned as described in subsection 2(b) of this rule,
the application will be unassigned and placed on hold.
(B) Applications placed on hold will not be
processed until the application is reassigned to a Commission staff
member.
(C) Once the Commission has
reassigned the application to a Commission staff member, the applicant must
complete the application process within a final 60-calendar-day period. If the
applicant does not complete the application process within 60 calendar days,
the application is incomplete as described in subsection (6) of this
rule.
(4)
Approved Applications. An applicant whose application has been approved by the
Commission will have 30 calendar days after the application is approved to
complete payment of the license fee described in OAR
845-025-1060. If payment is not
received within 30 calendar days of application approval, the application is
incomplete as described in subsection (5) of this rule.
(5) Incomplete Applications. The Commission
will inactivate an incomplete application by placing the application into a
withdrawn status in its licensing system.
(a)
An applicant will be notified in writing as described in subsection (7) of this
rule that its application is incomplete and has been inactivated by the
Commission.
(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
calendar days of the date the incomplete notice was sent or transmitted
pursuant to subsection (7) of this rule. The Commission may give the applicant
the opportunity to be heard if an application is inactivated. A hearing under
this subsection is not subject to the requirements for contested case
proceedings under ORS
183.310 to
183.550.
(6) The Commission may place an assigned
application on hold to balance staff resources. When this occurs, the
Commission will notify the applicant of the status change in writing and will
provide the application with a new deadline for completion of the
application.
(7) The Commission
will communicate deadlines and changes in application status under this rule by
e-mail to the contact e-mail identified on the application, unless an applicant
makes a written request that any deadline communications be sent by regular
mail. Upon such a request, the Commission will mail communications to an
applicant's mailing address identified on the application.
Statutory/Other Authority: ORS
475C.017
Statutes/Other Implemented: ORS
475C.065,
475C.085,
475C.093 &
475C.097