Oregon Administrative Rules
Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION
Division 25 - RECREATIONAL MARIJUANA
Section 845-025-2705 - Industrial Hemp Handler Certificate Application; Denial; Revocation
Universal Citation: OR Admin Rules 845-025-2705
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Hemp handlers may apply for an industrial hemp certificate to transfer industrial hemp or hemp items to a processor licensed under ORS 475C.085, a wholesaler licensed under ORS 475C.093, or a retailer licensed under ORS 475C.097.
(2) The application must:
(a) Include proof of licensure under ORS
571.281;
(b) Include the certificate and application
fees specified in OAR
845-025-1060;
(c) Identify the licensed Oregon Department
of Agriculture location from which the industrial hemp or hemp items will be
transferred from for transport to a Commission licensee; and
(d) Include any other information identified
in the application form.
(3) Incomplete Applications.
(a) The Commission must review an application
to determine if it is complete. An application may be considered incomplete if
an application form is not complete, the full application and certificate fee
has not been paid, or some or all of the additional information required under
these rules is not submitted.
(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 days of the date the incomplete notice was mailed to the
applicant. The Commission shall give the applicants the opportunity to be heard
if an application is rejected. A hearing under this subsection is not subject
to the requirements for contested case proceedings under ORS
183.310 to
183.550.
(4) Denial.
(a) The Commission may deny any application
under this rule if:
(A) The application does
not meet the requirements of section (2) of this rule;
(B) The applicant submits false or misleading
information; or
(C) The Commission
has reasonable cause to believe that the applicant does not have a good record
of compliance with ORS
475C.005 to
475C.525 or applicable rules
adopted thereunder, or with ORS
571.260 to ORS
571.348 or applicable rules
adopted thereunder prior to or after certification.
(b) If the Commission denies an application,
it shall issue a notice of denial in accordance with ORS 183. The applicant has
the right to a hearing in accordance with ORS 183.
(5) Revocation.
(a) The Commission shall revoke any
industrial hemp handler certificate if the holder no longer holds a valid
industrial hemp handler license issued under ORS
571.281.
(b) The Commission may revoke any industrial
hemp certificate if:
(A) The holder violates a
provision of ORS 475C.005 to
475C.525,
475C.540 to
475C.586,
475C.600 to
475C.644 or Commission rules
adopted thereunder;
(B) The holder
violates a provision of ORS
571.260 to ORS
571.348 or a rule adopted
thereunder; or
(C) The holder
submits false or misleading information to the Commission.
(c) If the Commission revokes a certificate,
the holder has a right to a hearing in accordance with ORS 183.
Statutory/Other Authority: ORS 475C.017
Statutes/Other Implemented: ORS 571.336 & 571.337
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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