Current through Register Vol. 63, No. 9, September 1, 2024
(1) Under ORS
471.380 and
471.385, the Commission may deny
or cancel a service permit if the applicant or permittee violates certain laws,
uses alcohol or controlled substances to excess or has a poor record of
compliance. This rule describes how the Commission applies these statutory
provisions.
(2) Permit
Cancellation. The Commission will cancel a service permit if, on the date it
sends the Notice of Proposed Cancellation, the Commission would have a valid
basis to deny a service permit application submitted by the same permittee.
(3) Felony Convictions.
(a) Definitions. As used in this rule:
(A) A "felony drug conviction" means a felony
conviction for possession, manufacture, delivery or distribution of a
controlled substance, or any other drug-related felony as described in ORS 475
or similar laws in other jurisdictions.
(B) A "felony violent crimes conviction"
means a felony conviction for a crime which causes, attempts to cause, or
threatens to cause physical injury or harm to another person irrespective of
the jurisdiction.
(b)
The Commission will deny a service permit if the applicant has one felony
conviction of the types listed above and the incident leading to this
conviction occurred within two years of the date the Commission received the
application or the applicant has two or more felony convictions of the types
listed above and at least two of the incidents leading to these convictions
occurred within four years of the date the Commission received the application.
(4) Liquor Law
Convictions.
(a) Definitions. As used in this
rule, "liquor law conviction" means a misdemeanor or felony conviction for
violation of any Oregon law regulating alcohol. Examples of such laws include,
but are not limited to: DUII; Providing Alcohol to a Visibly Intoxicated
Person; and Sale of Alcohol to a Minor.
(b) The Commission will deny a service permit
if the applicant has had two or more liquor law convictions, or one conviction
and one diversion, and at least two of the incidents leading to these
convictions or diversions occurred within four years of the date the Commission
received the application.
(5) The Commission will deny a service permit
if the applicant has had a combination of four or more felony or liquor law
convictions or diversions of the types described in this rule and at least four
of the incidents leading to these convictions or diversions occurred within ten
years of the date the Commission received the application and at least one of
the incidents leading to these convictions or diversions occurred within 2
years of the date the Commission received the application.
(6) Poor Record of Compliance. The Commission
will deny a service permit if the applicant has had a liquor license or a
service permit canceled for a violation of ORS chapter 471 or any rule of the
Commission except those set forth in sections (3), (4) or (5) of this rule
within two years of the date the Commission received the application,
(7) Applicability. The denial
bases set forth in sections (3), (4) and (5) of this rule do not apply if the
applicant or permittee demonstrates that all of the following circumstances
exist:
(a) The applicant or permittee
provides written proof that a licensed medical professional diagnosed the
applicant with a drug or alcohol addiction prior to, or as a result of, the
incident(s) leading to at least one of the relevant convictions or diversions;
(b) The applicant or permittee
provides a sworn statement that he or she has not used or consumed any alcohol
or controlled substances, as appropriate to the denial basis, for a minimum of
12 consecutive months prior to the date the Commission received his or her
application;
(c) The applicant or
permittee provides written proof that after the relevant incident(s) he or she
has successfully completed an alcohol or drug treatment or recovery program, as
appropriate to the refusal basis, and is following treatment recommendations;
is participating in an ongoing alcohol or drug treatment or recovery program,
as appropriate to the refusal basis, and is following treatment
recommendations; or, has otherwise been successfully rehabilitated, AND
(d) The applicant or permittee has
substantially complied and continues to comply with all post-prison supervision
or probation requirements, if any, imposed as a result of the underlying
incident(s).
Stat. Auth.: ORS 471,
471.030,
471.730(1) &
(5)
Stats. Implemented: ORS
471.380(1)(a) &
(d) &
471.385(1)(b) &
(c)
