Chapter 768
AN ACT
HB 2243
Relating to agencies; creating new provisions; amending ORS 183.335,
183.705, 184.615, 184.651, 435.050, 438.130, 460.065, 508.470, 508.781,
508.807, 508.892, 508.947, 537.747, 571.075, 571.535, 585.040, 586.270,
601.030, 601.080, 603.025, 604.620, 616.706, 618.146, 619.031, 621.166,
621.266, 621.335, 622.050, 624.020, 628.230, 632.715, 632.730, 633.015,
633.029, 633.318, 633.700, 634.112, 635.030, 670.304, 670.306, 675.290,
678.760, 681.320, 682.047, 682.216, 685.100, 686.420, 688.650, 689.275,
691.465, 692.160, 696.530, 704.020, 726.125, 776.105, 776.365, 835.106 and
837.020 and section 1, chapter 73, Oregon Laws 2005; repealing sections 2 and
3, chapter 73, Oregon Laws 2005; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 183.705 is amended to read:
183.705. (1)
Notwithstanding any other provision of law, an agency that issues licenses that
must be renewed on an annual basis under the laws administered by the agency
also may offer those licenses with terms of two, three, four or five years.
Notwithstanding any other provision of law, an agency that issues licenses that
must be renewed on a biennial basis under the laws administered by the agency
also may offer those licenses with terms of three, four or five years. Extended
terms may be offered only for renewed licenses[,] and may not be offered for initial
applications for licenses.
(2) An agency may offer
an extended term under this section for a license issued by the agency only
after adopting a rule authorizing the extended term. An agency may adopt a rule
authorizing an extended term only if the agency finds that the extended term is
consistent with public safety and with the objectives of the licensing requirement.
An agency by rule may prohibit extended terms based on prior license discipline
of an applicant.
(3) [If an agency offers an extended term under
this section for a license issued by the agency, the agency shall allow an
applicant for renewal of a license to choose between the license term provided
under the laws administered by the agency and any extended term offered by the
agency under this section.] An applicant must meet all qualifications
established by the agency to be granted an extended term.
(4) An agency may not
offer an extended term under this section if:
(a) Another agency or a
local government, as defined by ORS 174.116, is authorized by statute to make a
recommendation on the issuance of the license;
(b) The agency or the
local government, as defined by ORS 174.116, that has authority to make a
recommendation on the issuance of the license has recommended against the
issuance of the license; and
(c) The recommendation
of the agency or the local government, as defined by ORS 174.116, is based on
licensing criteria established by statute or by rule.
(5) An extended term
granted under this section may be revoked by an agency if the agency determines
that the licensee is subject to discipline under the licensing criteria
applicable to the licensee. An agency offering extended terms under this
section by rule may establish other grounds for revoking an extended term under
this section.
(6) Notwithstanding any
other provision of law, an agency that offers an extended term under this section
for a license issued by the agency shall increase the annual or biennial
license fee established by statute by a percentage no greater than necessary to
ensure that there is no revenue loss by reason of the extended term.
(7) Notwithstanding any
other provision of law, an agency that offers an extended term under this
section for a license issued by the agency shall increase any annual or
biennial continuing education requirement established by statute as necessary
to ensure that there is no reduction in the continuing education requirement
for licensees by reason of the extended term.
NOTE:
Section 2 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 3. ORS 435.050 is amended to read:
435.050. (1) All
licenses shall be issued by the State Board of Pharmacy on written application
and payment of an annual license fee for each manufacturer or wholesale
license, which fee shall not exceed $300.
(2) Licenses shall be in
effect for one year from January 1 of each year or such date as may be
specified by board rule.
SECTION 4. ORS 438.130 is amended to read:
438.130. (1) The
application for a license for a clinical laboratory shall be made on forms
provided by the Department of Human Services and shall be executed by the owner
or one of the owners or by an officer of the firm or corporation owning the
clinical laboratory, or in the case of a county or municipality, by the public
official responsible for operation of the laboratory, or in the case of an
institution, by the administrator of the institution. The application shall
contain the names of the owner, the director or directors of the clinical
laboratory, the location and physical description of the clinical laboratory,
the laboratory specialties for which a license is requested and such other
information as the department may require.
(2)(a) The application
shall be accompanied by an annual or biennial license fee to be established by
the department. The fee shall be based on test volume, test complexity, the
number of specialties performed and private laboratory accreditation. For each
level of laboratory testing, the fee shall be not more than 100 percent of the
corresponding fee charged by the federal laboratory certification program known
as the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42
U.S.C. 201 and 263a) in effect on July 1, 1999. The fee for substance of abuse
screening laboratories not certified under the Clinical Laboratory Improvement
Amendments of 1988 shall be comparable to the clinical laboratory fee
established under this section.
(b) The department may
establish prorated fees for licenses issued for a year or less and when there
is a change in the laboratory’s owner, director or address. A prorated license
fee shall be issued to a laboratory accredited by an organization recognized by
the department.
(3) Unless sooner
voided, suspended or revoked, all licenses issued under this section expire on
June 30 of the [one-] one-year
or two-year cycle following the date of issuance [and] or on such date as may be specified by department rule.
Licenses issued under this section shall be renewable in the manner
prescribed by the department.
(4) Subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fees and charges, the fees and
charges established under this section shall not exceed the cost of
administering the regulatory program of the Department of Human Services
pertaining to the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the department’s budget, as the
budget may be modified by the Emergency Board.
SECTION 5. ORS 460.065 is amended to read:
460.065. [(1) The expiration
date of:]
[(a)] (1) A certified elevator
inspector certificate of competency [is]
expires on December 31 of the year in which the certificate is issued
or on a date established by rule of the Department of Consumer and Business
Services.
[(b)] (2) An elevator operating
permit [is as] expires on a date
established [by the Department of
Consumer and Business Services] by department rule.
[(2)] (3) Except as provided in ORS 460.055, a holder of a
valid elevator inspector certificate of competency or elevator operating permit
who has complied with ORS 460.005 to 460.175 and the rules adopted under ORS
460.085 (1) is entitled to renewal at the expiration of the certificate or
permit.
SECTION 6. ORS 508.470 is amended to read:
508.470. All licenses
for which fees are provided for under ORS 508.285 unless otherwise specified in
law expire as of midnight, December 31, following the dates of their issuance[, and shall] or on such date as may
be specified by rule of the State Department of Fish and Wildlife. The licenses
may be renewed annually thereafter upon application and payment of fees
required therefor.
SECTION 7. ORS 508.781 is amended to read:
508.781. An individual
who obtained the permit required by ORS 508.775 for a particular calendar year
is eligible to obtain renewal of the permit in a subsequent calendar year, upon
application and payment of the fees therefor by December 31 of the permit year
or by such date as may be specified by rule of the State Department of Fish and
Wildlife.
SECTION 8. ORS 508.807 is amended to read:
508.807. (1) An
individual who obtained the permit required by ORS 508.801 for a particular
calendar year is eligible to obtain renewal of the permit in a subsequent
calendar year[, upon application by
December 31 of the permit year and payment of the fees therefor, and] upon
obtaining the annual boat license referred to in ORS 508.285[,]. The permit must be
renewed, and the boat license obtained, not later than December 31 of each
year or such date as may be established by rule of the State Department of Fish
and Wildlife.
(2) Notwithstanding any
other provision of law, an individual who permanently loses the services of a
vessel through capsizing, sinking, fire, collision or other catastrophic
accident has a period of two years from the date of loss to replace the vessel
without losing eligibility to renew the vessel permit.
SECTION 9. ORS 508.892 is amended to read:
508.892. (1) An
individual who obtained the permit required by ORS 508.880 for a particular
calendar year is eligible to obtain renewal of the permit in a subsequent
calendar year[,]
upon application [by December 31 of the
permit year] and payment of the fees therefor and upon obtaining the annual
boat license referred to in ORS 508.285 [not
later than December 31 of each year]. The permit must be applied for,
and the boat license obtained, not later than December 31 of each year or such
date as may be established by rule of the State Department of Fish and
Wildlife.
(2) An individual who
permanently loses the services of a vessel through capsizing, sinking, fire,
collision or other catastrophic accident shall remain eligible to obtain a
vessel permit for a replacement vessel for two years from the date of loss.
SECTION 10. ORS 508.947 is amended to read:
508.947. (1) The State
Department of Fish and Wildlife may issue a black rockfish and blue rockfish
vessel permit to an owner of a vessel that landed a minimum of 750 pounds of
nontrawl caught black rockfish, blue rockfish or nearshore fish in any one
calendar year between January 1, 1995, and January 1, 2001, or in the six-month
period between January 1, 2001, and July 1, 2001, for delivery to a fish
processor licensed pursuant to ORS 508.025.
(2) The department may
issue a black rockfish and blue rockfish vessel permit with a nearshore fish
endorsement to an owner of a vessel that was issued a permit under the Interim
Nearshore Fisheries Plan through the Developmental Fisheries Program.
(3) The department may
renew a black rockfish and blue rockfish vessel permit or a black rockfish and
blue rockfish vessel permit with a nearshore fish endorsement if the vessel
made a minimum of five commercial fish landings during the calendar year prior
to the request for renewal for delivery to a fish processor licensed pursuant
to ORS 508.025.
(4) Permits issued under
this section expire on December 31 of each year or on such date as may be
specified by department rule. An owner of a vessel with a permit must
submit a renewal application to the department by January 1 of each year or
by such date as may be specified by department rule. If the owner of a
vessel with a permit does not timely submit a renewal application [by January 1], the department shall, not
[later than February 1] more than
30 days after the application was due, send to the owner by certified
letter a notice of the failure to submit the renewal application. An owner may submit
a late application to renew a permit [later
than January 1, but not later than April 1,] not more than 90 days after
the application was due if the owner pays a $150 late fee in addition to
the fee required in ORS 508.949.
(5) In making
determinations regarding initial eligibility for and renewal of a permit issued
under this section, the department may consider department records and receipts
and accounts, contracts and other business records of private parties that the
department considers reliable.
(6) Except as provided
in ORS 508.955, new vessel permits may not be issued under this section after
December 30, 2005.
SECTION 11. ORS 537.747 is amended to read:
537.747. (1) No person
shall advertise services to construct, alter, abandon or convert wells, offer
to enter or enter into a contract with another person or public agency to
construct, alter, abandon or convert a well for such other person, cause any
well construction, alteration, abandonment or conversion to be performed under
such a contract or operate well drilling machinery without possessing a water
well constructor’s license therefor in good standing issued by the Water
Resources Department. The department shall adopt a single water well
constructor’s license that may specify the type of well, type of well
alteration or construction or type of well drilling machine operation for which
the water well constructor is qualified.
(2) Notwithstanding subsection
(1) of this section, a person may operate a well drilling machine without a
water well constructor’s license if supervised by one who possesses such a
license.
(3) A person shall be
qualified to receive a water well constructor’s license if the person:
(a) Is at least 18 years
of age.
(b) Has passed a written
examination conducted by the department to determine fitness to operate as a
water well constructor.
(c) Has paid a license
fee and an examination fee according to the fee schedule set forth under
subsection (6) of this section.
(d) Has one year or more
experience in the operation of well drilling machinery.
(4) Upon fulfillment of
all the requirements set out in subsection (3) of this section, the department
shall issue the applicant a water well constructor’s license in a form
prescribed by the department. The license may be issued for a period of two
years.
(5) A water well
constructor’s license shall expire on June 30 or on such date as may be
specified by department rule. A person may renew a license by submitting an
application and the appropriate fees any time before the license expires but
not later than one year after the license expires. At the time of application,
the person shall provide the department with evidence of compliance with the
continuing education requirements established pursuant to section 4, chapter
496, Oregon Laws 2001. A person who renews a license within the 12 months after
the license expires may either pay a penalty fee set forth under subsection
(6)(d) of this section or requalify for a water well constructor’s license in
accordance with subsection (3) of this section. If a person fails to renew a
license within 12 months after expiration the person must comply with the
requirements of subsection (3) of this section for a new water well constructor’s
license.
(6) The department shall
collect in advance the following fees:
(a) An examination fee
of $20.
(b) A license fee of
$150.
(c) A renewal fee of
$150.
(d) Unless a person
requalifies for a water well constructor’s license in accordance with
subsection (3) of this section, a water well constructor shall pay a renewal
fee of $250 if the license is renewed within 12 months after expiration.
(e) If a person
requalifies for a water well constructor’s license under subsection (3) of this
section, the person shall pay the renewal fee established under paragraph (c)
of this subsection.
(7) The department may
revoke, suspend or refuse to renew any water well constructor’s license when it
appears to the satisfaction of the department, after notice and opportunity to
be heard by the licensee, that the licensee has failed to comply with the
provisions of ORS 537.505 to 537.795 and 537.992 applicable to such licensee or
any order or rule adopted thereunder applicable to such licensee, or has made a
material misstatement of fact on an application for a license or well log or
established a pattern of conduct that willfully or negligently violates any
provision of ORS 537.505 to 537.795 and 537.992, or any rule adopted pursuant
thereto, applicable to such licensee.
(8) The provisions of
subsection (3) of this section requiring one year or more experience in the
operation of well drilling machinery do not apply to any person who, on July 1,
1981, holds the license required by this section and who continues thereafter
to maintain the license in good standing.
(9) The fees collected
under subsection (6) of this section shall be paid into the Water Resources
Department Water Right Operating Fund. Such moneys are continuously
appropriated to the Water Resources Department to pay the department’s expenses
in administering and enforcing the water well constructor’s licensing program.
SECTION 12. ORS 537.747, as amended by section 8, chapter
496, Oregon Laws 2001, and section 10, chapter 594, Oregon Laws 2003, is
amended to read:
537.747. (1) No person
shall advertise services to construct, alter, abandon or convert wells, offer
to enter or enter into a contract with another person or public agency to
construct, alter, abandon or convert a well for such other person, cause any
well construction, alteration, abandonment or conversion to be performed under
such a contract or operate well drilling machinery without possessing a water
well constructor’s license therefor in good standing issued by the Water
Resources Department.
(2) Notwithstanding
subsection (1) of this section, a person may operate a well drilling machine
without a water well constructor’s license if supervised by one who possesses
such a license.
(3) A person shall be
qualified to receive a water well constructor’s license if the person:
(a) Is at least 18 years
of age.
(b) Has passed a written
examination conducted by the department to determine fitness to operate as a
water well constructor.
(c) Has paid a license
fee and an examination fee according to the fee schedule set forth under
subsection (6) of this section.
(d) Has one year or more
experience in the operation of well drilling machinery.
(4) Upon fulfillment of
all the requirements set out in subsection (3) of this section, the department
shall issue the applicant a water well constructor’s license in a form
prescribed by the department. The license may be issued for a period of either
one year or five years.
(5) A water well
constructor’s license shall expire on June 30 or on such date as may be
specified by department rule. A person may renew a license by submitting an
application and the appropriate fees any time before the license expires but
not later than one year after the license expires. A person who renews a
license within the 12 months after the license expires may either pay a penalty
fee set forth under subsection (6)(d) of this section or requalify for a water
well constructor’s license in accordance with subsection (3) of this section.
If a person fails to renew a license within 12 months after expiration the
person must comply with the requirements of subsection (3) of this section for
a new water well constructor’s license.
(6) The department shall
collect in advance the following fees:
(a) An examination fee
of $20.
(b) A license fee of $50
for a license issued for one year, or $200 for a license issued for a period of
five years.
(c) A renewal fee of $50
for a one-year license renewed before the license expires or $200 for a five-year
license renewed before the license expires.
(d) Unless a person
requalifies for a water well constructor’s license in accordance with
subsection (3) of this section, a water well constructor shall pay a renewal
fee of $100 for a one-year license if the license is renewed within 12 months
after expiration or $250 for a five-year license if the license is renewed
within 12 months after expiration.
(e) If a person
requalifies for a water well constructor’s license under subsection (3) of this
section, the person shall pay the renewal fee established under paragraph (c)
of this subsection.
(7) The department may
revoke, suspend or refuse to renew any water well constructor’s license when it
appears to the satisfaction of the department, after notice and opportunity to
be heard by the licensee, that the licensee has failed to comply with the
provisions of ORS 537.505 to 537.795 and 537.992 applicable to such licensee or
any order or rule adopted thereunder applicable to such licensee, or has made a
material misstatement of fact on an application for a license or well log or
established a pattern of conduct that willfully or negligently violates any
provision of ORS 537.505 to 537.795 and 537.992, or any rule adopted pursuant
thereto, applicable to such licensee.
(8) The provisions of
subsection (3) of this section requiring one year or more experience in the
operation of well drilling machinery do not apply to any person who, on July 1,
1981, holds the license required by this section and who continues thereafter
to maintain the license in good standing.
(9) The fees collected
under subsection (6) of this section shall be paid into the Water Resources
Department Water Right Operating Fund. Such moneys are continuously
appropriated to the Water Resources Department to pay the department’s expenses
in administering and enforcing the water well constructor’s licensing program.
SECTION 13. ORS 571.075 is amended to read:
571.075. (1) The fees
for the renewal of the annual licenses and the fees for inspections required by
ORS 571.005 to 571.230 and 571.991 shall be paid with the application for
license renewal and before July 1 of each year or before such date as may be
specified by rule of the State Department of Agriculture.
(2) Failure to pay the
fees when due forfeits the right to operate as a grower, dealer or agent.
(3) Any person who has
been previously licensed to grow or sell nursery stock and whose right to grow
or sell has been forfeited shall not be issued a renewal license except upon
written application to the [State
Department of Agriculture] department accompanied by a sum of money
equal to the regular license fee, as provided in ORS 571.057.
SECTION 14. ORS 571.535 is amended to read:
571.535. (1) The fees
for the renewal of the annual licenses required by ORS 571.505 to 571.580 shall
be paid with the application for license renewal and before July 1 of each year
or before such date as may be specified by rule of the State Department of
Agriculture.
(2) Failure to pay the
fees when due forfeits the right to operate as a grower.
(3) Any person who has
been previously licensed to grow Christmas tree stock and whose right to grow
has been forfeited shall not be issued a renewal license except upon written
application to the [State Department of
Agriculture] department accompanied by a sum of money equal to the
regular license fee.
SECTION 15. ORS 585.040 is amended to read:
585.040. Upon the filing
of the application and the payment of appropriate fees, the State Department of
Agriculture shall, if [it] the
department is satisfied that the applicant is entitled thereto, issue to
the applicant a license to conduct the business of wholesale produce dealer,
retail produce peddler or cash buyer, as the case may be. The licenses shall be
in the form the department prescribes and shall expire on June 30 of each year or
on such date as may be specified by department rule.
SECTION 16. ORS 586.270 is amended to read:
586.270. (1) Every
person operating any public warehouse in this state shall, before July 1 of
each year or such date as may be specified by rule of the State Department
of Agriculture, procure from the [State
Department of Agriculture] department a license for each such
warehouse so operated for the ensuing year, before transacting business at such
public warehouse; but the holder of a license to store grain under the United
States Warehouse Act shall furnish the department with a copy of such license
and bond and, having furnished such copies, is not required to secure a state
license or pay state warehouse inspection fees during the time the license
holder continues to operate under the federal license. The license shall be
posted in a conspicuous place in the office of each warehouse.
(2) Application for a
license under this section shall be made to the department upon forms furnished
by it. The application shall include:
(a) The name and address
of the applicant.
(b) The location of each
public warehouse of the applicant.
(c) The total rated
storage capacity in bushels of each public warehouse.
(d) The tariff schedule
of charges to be made at each public warehouse for the handling, storage and
shipment of grain during the license year.
(e) Documentation
satisfactory to the department that the applicant has net assets of at least
$50,000.
(f) Such other
information as the department deems necessary to carry out the purposes of ORS
586.210 to 586.730.
(3) The applicant shall
submit with the application an annual license fee of $500 for each public
warehouse.
(4) The department shall
issue a license to the applicant if it finds that the application is in due
form and the applicant has complied with the provisions of ORS 586.210 to
586.730.
SECTION 17. ORS 601.030 is amended to read:
601.030. Before any
person shall engage in the business of disposing of the bodies, carcasses or
parts of animals by rendering, burning, burying or any other means, the person
shall procure from the State Department of Agriculture a license. All such
licenses shall expire on June 30 next succeeding their date of issuance or
on such date as may be specified by department rule.
SECTION 18. ORS 601.080 is amended to read:
601.080. (1) Before any
person, not holding a license for the disposal of bodies, carcasses or parts of
animals, transports for hire the bodies, carcasses or parts of animals upon the
highways of the state, the person shall obtain a license for such truck or
conveyance used, from the State Department of Agriculture.
(2) The license fee for
each conveyance shall be $10 per year. The license shall expire on June 30 next
succeeding the date of its issuance or on such date as may be specified by
department rule. Application for the license shall be made on forms
furnished by the department with such information as the department may require.
SECTION 19. ORS 603.025 is amended to read:
603.025. (1) A person
may not sell, offer to sell or expose for sale meat products or engage in any
other activity described or identified in subsection (4) of this section
without first obtaining and maintaining a license therefor from the State
Department of Agriculture. All such licenses shall expire on June 30 next
following the date of issuance or on such date as may be specified by
department rule. Renewal applications must be postmarked [prior to June 30 to be a timely application]
before the expiration date to be timely.
(2) Application for a
license required by this section shall be made to the department on forms
prescribed by the department, which shall contain any information the
department deems necessary. The license is personal and nontransferable, with a
separate license required for each establishment location. A new license is
required each time there is a change in ownership, legal entity or
establishment location.
(3) In addition to other
license requirements of this section, if an applicant for a license under
subsection (4)(c) of this section has an average
weekly dollar value of meat animal purchases that exceeds $10,000, the
applicant shall submit with the application a surety bond with one or more
corporate sureties authorized to do business in this state, or an irrevocable
letter of credit issued by an insured institution, as defined in ORS 706.008.
The bond or letter of credit shall be in an amount equal to twice the average
daily value of meat animal purchases during the preceding calendar year, or the
amount of $20,000, whichever amount is greater. The department shall prescribe
the form for and approve the bond or letter of credit, which shall be
conditioned upon faithful performance by the licensee of all obligations to the
producers of meat animals arising from the sale of meat animals by producers to
the licensee.
(4) Each of the
following activities shall be licensed, and the fee established by the
department paid with the application therefor:
(a) Operation of a meat
seller establishment. A license under this section allows only the meat
products preparation described in ORS 603.010 (8).
(b) Operation of a
nonslaughtering processing establishment. A license under this section allows
selling meat products at the same location without obtaining the license
described in paragraph (a) of this subsection.
(c) Operation of a
slaughterhouse. A license under this section allows selling meat products at
the same location without obtaining the license described in paragraph (a) of
this subsection.
(d) Operation of a
custom slaughtering establishment or custom processing establishment. A license
under this section does not allow selling meat products without first obtaining
and maintaining the license described in paragraph (a) of this subsection.
(e) Operation of a
slaughterhouse, custom slaughtering establishment or custom processing
establishment wherein only poultry or rabbits are slaughtered or prepared. A
license under this section allows selling only poultry or rabbit products at
the same location without obtaining the license described in paragraph (a) of
this subsection.
(5) The license required
by this section shall be displayed at all times in a conspicuous manner at the
address shown on the license.
(6) Except as provided
in subsections (7) and (8) of this section, the license fees for establishments
under this section are:
(a) $200 if the
establishment’s annual gross dollar volume of sales and services is not more
than $50,000;
(b) $250 if the
establishment’s annual gross dollar volume of sales and services is more than
$50,000 and not more than $500,000;
(c) $300 if the establishment’s annual gross dollar volume of sales
and services is more than $500,000 and not more than $1 million;
(d) $450 if the
establishment’s annual gross dollar volume of sales and services is more than
$1 million and not more than $5 million;
(e) $500 if the
establishment’s annual gross dollar volume of sales and services is more than
$5 million and not more than $10 million; or
(f) $650 if the
establishment’s annual gross dollar volume of sales and services is more than
$10 million.
(7) If the establishment
sells only prepackaged meats packaged at a facility inspected by the United
States Department of Agriculture, except as provided in subsection (8) of this
section, the following license fee amounts shall apply instead of the fee
established in subsection (6)(a) of this section:
(a) $100 if the
establishment’s annual gross dollar volume of sales and services is not more
than $5,000; or
(b) $150 if the
establishment’s annual gross dollar volume of sales and services is more than
$5,000 and not more than $50,000.
(8) The State Department
of Agriculture shall increase the license fee amounts described in subsections
(6) and (7) of this section by two percent annually, rounded to the nearest
whole dollar amount for assessment and collection purposes. The department
shall determine each annual increase using the unrounded figure from the preceding
year. The first increase in the fees shall occur on July 1, 2006.
(9) In establishing the
amount of the license fee for an establishment, the State Department of
Agriculture shall use the annual gross dollar volume of sales and services by
that establishment within
SECTION 20. ORS 603.025, as amended by section 2, chapter
735, Oregon Laws 2005, is amended to read:
603.025. (1) A person
may not sell, offer to sell or expose for sale meat products or engage in any
other activity described or identified in subsection (4) of this section
without first obtaining and maintaining a license therefor from the State
Department of Agriculture. All such licenses shall expire on June 30 next
following the date of issuance or on such date as may be specified by
department rule. Renewal applications must be postmarked [prior to June 30 to be a timely application]
before the expiration date to be timely.
(2) Application for a
license required by this section shall be made to the department on forms
prescribed by the department, which shall contain any information the department
deems necessary. The license is personal and nontransferable, with a separate
license required for each establishment location. A new license is required
each time there is a change in ownership, legal entity or establishment
location.
(3) In addition to other
license requirements of this section, if an applicant for a license under
subsection (4)(c) of this section has an average
weekly dollar value of meat animal purchases that exceeds $10,000, the
applicant shall submit with the application a surety bond with one or more
corporate sureties authorized to do business in this state, or an irrevocable
letter of credit issued by an insured institution, as defined in ORS 706.008.
The bond or letter of credit shall be in an amount equal to twice the average
daily value of meat animal purchases during the preceding calendar year, or the
amount of $20,000, whichever amount is greater. The department shall prescribe
the form for and approve the bond or letter of credit, which shall be
conditioned upon faithful performance by the licensee of all obligations to the
producers of meat animals arising from the sale of meat animals by producers to
the licensee.
(4) Each of the
following activities shall be licensed, and the fee established by the
department paid with the application therefor:
(a) Operation of a meat
seller establishment. A license under this section allows only the meat
products preparation described in ORS 603.010 (8).
(b) Operation of a
nonslaughtering processing establishment. A license under this section allows
selling meat products at the same location without obtaining the license
described in paragraph (a) of this subsection.
(c) Operation of a
slaughterhouse. A license under this section allows selling meat products at
the same location without obtaining the license described in paragraph (a) of
this subsection.
(d) Operation of a
custom slaughtering establishment or custom processing establishment. A license
under this section does not allow selling meat products without first obtaining
and maintaining the license described in paragraph (a) of this subsection.
(e) Operation of a
slaughterhouse, custom slaughtering establishment or custom processing
establishment wherein only poultry or rabbits are slaughtered or prepared. A
license under this section allows selling only poultry or rabbit products at
the same location without obtaining the license described in paragraph (a) of
this subsection.
(5) The license required
by this section shall be displayed at all times in a conspicuous manner at the
address shown on the license.
(6) Except as provided
in subsection (7) of this section, the license fees for establishments under
this section are:
(a) $216 if the
establishment’s annual gross dollar volume of sales and services is not more
than $50,000;
(b) $271 if the
establishment’s annual gross dollar volume of sales and services is more than
$50,000 and not more than $500,000;
(c) $325 if the establishment’s annual gross dollar volume of sales
and services is more than $500,000 and not more than $1 million;
(d) $487 if the
establishment’s annual gross dollar volume of sales and services is more than
$1 million and not more than $5 million;
(e) $541 if the
establishment’s annual gross dollar volume of sales and services is more than
$5 million and not more than $10 million; or
(f) $704 if the
establishment’s annual gross dollar volume of sales and services is more than
$10 million.
(7) If the establishment
sells only prepackaged meats packaged at a facility inspected by the United
States Department of Agriculture, the following license fee amounts shall apply
instead of the fee established in subsection (6)(a) of this section:
(a) $108 if the
establishment’s annual gross dollar volume of sales and services is not more
than $5,000; or
(b) $162 if the
establishment’s annual gross dollar volume of sales and services is more than
$5,000 and not more than $50,000.
(8) In establishing the
amount of the license fee for an establishment, the State Department of
Agriculture shall use the annual gross dollar volume of sales and services by
that establishment within
SECTION 21. ORS 604.620 is amended to read:
604.620. (1) No person
shall be entitled to utilize the brand inspection and inventory procedures
prescribed in ORS 604.630 to 604.650 and 604.670 without first obtaining and
maintaining a license as a licensed feedlot.
(2) An application for a
license or renewal thereof shall be made to the State Department of Agriculture
on forms prescribed by the department, and shall be accompanied by the annual
license fee of $100. The license is personal and nontransferable. A new license
is required at any time there is a change in ownership, legal entity or
establishment location. All such licenses shall expire on January 1[,] next succeeding
the date of issuance or on such date as may be specified by department rule.
(3) In accordance with
the provisions of ORS chapter 183, the department may suspend, revoke or refuse
to issue or renew a license to any applicant or licensee whose establishment
construction or methods of operation do not comply with the requirements
established by the department.
SECTION 22. ORS 616.706 is amended to read:
616.706. (1) Except as
otherwise provided in ORS 616.695 to 616.755, a person may not operate a food
establishment without first obtaining and thereafter maintaining a license
under this section. A person shall make an application for a license to the
State Department of Agriculture on forms prescribed by the department. Each
license shall expire on June 30 next following the date of issuance or on
such date as may be specified by department rule.
(2) The department may,
subject to the applicable provisions of ORS chapter 183, suspend, revoke or
refuse to issue a license if the licensee has violated any of the provisions of
ORS 616.695 to 616.755 or rules adopted under ORS
616.695 to 616.755.
(3) A license is
personal to the applicant and may not be transferred. A new license is
necessary if the business entity of the licensee is changed, or if the
membership of a partnership is changed, irrespective of whether or not the
business name is changed.
(4) The license shall
cover all operations of the person licensed, under one entity or ownership.
With prior approval of the department, the location of a licensed food
establishment, or any part of a licensed food establishment, may be moved
without the requirement of a new license if there is no change in the ownership
or business entity.
(5) The license shall be
posted in a conspicuous place in the main office of the food establishment.
Duplicate copies of the license shall be conspicuously posted in branch
offices, warehouses and other places owned or operated by the licensee at
locations other than the main office. A license is automatically canceled if
the food establishment ceases or discontinues operations or business.
(6) Except as provided
in subsection (10) of this section, the license fee for a food establishment
that is part of a domestic kitchen is $175.
(7) Except as provided
in subsection (10) of this section, the license fees for a food establishment
other than an establishment that is part of a domestic kitchen, or other than a
retail food store or a warehouse, are:
(a) $300 if the gross
sales of an applicant’s covered operations are not
more than $50,000;
(b) $425 if the gross
sales of an applicant’s covered operations are more
than $50,000 and not more than $500,000;
(c) $500 if the gross sales of an applicant’s covered operations are
more than $500,000 and not more than $1 million;
(d) $650 if the gross
sales of an applicant’s covered operations are more
than $1 million and not more than $5 million;
(e) $750 if the gross
sales of an applicant’s covered operations are more than $5 million and not
more than $10 million; or
(f) $850 if the gross
sales of an applicant’s covered operations are more
than $10 million.
(8) Except as provided
in subsection (10) of this section, the food establishment license fees for a
retail food store, as defined by the department by rule, are:
(a) $125 if the gross
sales of an applicant’s covered operations are not
more than $50,000;
(b) $250 if the gross
sales of an applicant’s covered operations are more
than $50,000 and not more than $500,000;
(c) $300 if the gross sales of an applicant’s covered operations are
more than $500,000 and not more than $1 million;
(d) $450 if the gross
sales of an applicant’s covered operations are more
than $1 million and not more than $5 million;
(e) $550 if the gross
sales of an applicant’s covered operations are more than $5 million and not
more than $10 million; or
(f) $650 if the gross
sales of an applicant’s covered operations are more
than $10 million.
(9) Except as provided
in subsection (10) of this section, the food establishment license fees for a
warehouse, as defined by the department by rule, are:
(a) $100 if the gross
sales of an applicant’s covered operations are not
more than $50,000;
(b) $125 if the gross
sales of an applicant’s covered operations are more than $50,000 and not more
than $10 million; or
(c) $150 if the gross sales of an applicant’s covered operations are
more than $10 million.
(10) The department
shall increase the license fee amounts described in subsections (6) to (9) of
this section by two percent annually, rounded to the nearest whole dollar
amount for assessment and collection purposes. The department shall determine
each annual increase using the unrounded figure from the preceding year. The
first increase in the permissible fee amounts shall occur on July 1, 2006.
(11) In establishing the
amount of the license fee for an applicant, the department shall use the annual
gross dollar volume of sales of covered operations by that applicant within
SECTION 23. ORS 616.706, as amended by section 4, chapter
735, Oregon Laws 2005, is amended to read:
616.706. (1) Except as
otherwise provided in ORS 616.695 to 616.755, a person may not operate a food
establishment without first obtaining and thereafter maintaining a license
under this section. A person shall make an application for a license to the
State Department of Agriculture on forms prescribed by the department. Each
license shall expire on June 30 next following the date of issuance or on
such date as may be specified by department rule.
(2) The department may,
subject to the applicable provisions of ORS chapter 183, suspend, revoke or
refuse to issue a license if the licensee has violated any of the provisions of
ORS 616.695 to 616.755 or rules adopted under ORS
616.695 to 616.755.
(3) A license is
personal to the applicant and may not be transferred. A new license is
necessary if the business entity of the licensee is changed, or if the
membership of a partnership is changed, irrespective of whether or not the
business name is changed.
(4) The license shall
cover all operations of the person licensed, under one entity or ownership.
With prior approval of the department, the location of a licensed food establishment,
or any part of a licensed food establishment, may be moved without the
requirement of a new license if there is no change in the ownership or business
entity.
(5) The license shall be
posted in a conspicuous place in the main office of the food establishment.
Duplicate copies of the license shall be conspicuously posted in branch
offices, warehouses and other places owned or operated by the licensee at
locations other than the main office. A license is automatically canceled if
the food establishment ceases or discontinues operations or business.
(6) The license fee for
a food establishment that is part of a domestic kitchen is $189.
(7) The license fees for
a food establishment other than an establishment that is part of a domestic
kitchen, or other than a retail food store or a warehouse, are:
(a) $325 if the gross
sales of an applicant’s covered operations are not
more than $50,000;
(b) $460 if the gross
sales of an applicant’s covered operations are more
than $50,000 and not more than $500,000;
(c) $541 if the gross sales of an applicant’s covered operations are
more than $500,000 and not more than $1 million;
(d) $704 if the gross
sales of an applicant’s covered operations are more
than $1 million and not more than $5 million;
(e) $812 if the gross
sales of an applicant’s covered operations are more than $5 million and not
more than $10 million; or
(f) $920 if the gross
sales of an applicant’s covered operations are more
than $10 million.
(8) The food
establishment license fees for a retail food store, as defined by the
department by rule, are:
(a) $135 if the gross
sales of an applicant’s covered operations are not
more than $50,000;
(b) $271 if the gross
sales of an applicant’s covered operations are more
than $50,000 and not more than $500,000;
(c) $325 if the gross sales of an applicant’s covered operations are
more than $500,000 and not more than $1 million;
(d) $487 if the gross
sales of an applicant’s covered operations are more
than $1 million and not more than $5 million;
(e) $595 if the gross
sales of an applicant’s covered operations are more than $5 million and not
more than $10 million; or
(f) $704 if the gross
sales of an applicant’s covered operations are more
than $10 million.
(9) The food
establishment license fees for a warehouse, as defined by the department by
rule, are:
(a) $108 if the gross
sales of an applicant’s covered operations are not
more than $50,000;
(b) $135 if the gross
sales of an applicant’s covered operations are more than $50,000 and not more
than $10 million; or
(c) $162 if the gross sales of an applicant’s covered operations are
more than $10 million.
(10) In establishing the
amount of the license fee for an applicant, the department shall use the annual
gross dollar volume of sales of covered operations by that applicant within
SECTION 24. ORS 618.146 is amended to read:
618.146. (1) All
weighing and measuring instrument or device licenses issued under ORS 618.010
to 618.246 expire on June 30 next after the date of issuance or on such date
as may be specified by rule of the State Department of Agriculture.
(2) In accordance with
the provisions of ORS chapter 183, any license issued under ORS 618.010 to
618.246 may be suspended or revoked by the [State
Department of Agriculture] department if the instrument or device is
operated or used contrary to ORS 618.010 to 618.246 or rules promulgated
pursuant thereto.
SECTION 25. ORS 619.031 is amended to read:
619.031. (1) A person
may not operate an animal food slaughtering establishment or processing
establishment without first obtaining a license therefor from the State
Department of Agriculture.
(2) Except as provided
in subsection (3) of this section, the license fees for an animal food
slaughtering establishment or processing establishment are:
(a) $200 if the
establishment’s annual gross dollar volume of sales and services is not more
than $50,000;
(b) $250 if the
establishment’s annual gross dollar volume of sales and services is more than
$50,000 and not more than $500,000;
(c) $300 if the establishment’s annual gross dollar volume of sales
and services is more than $500,000 and not more than $1 million;
(d) $450 if the
establishment’s annual gross dollar volume of sales and services is more than
$1 million and not more than $5 million;
(e) $500 if the
establishment’s annual gross dollar volume of sales and services is more than
$5 million and not more than $10 million; or
(f) $650 if the
establishment’s annual gross dollar volume of sales and services is more than
$10 million.
(3) The department shall
increase the license fee amounts described in subsection (2) of this section by
two percent annually, rounded to the nearest whole dollar amount for assessment
and collection purposes. The department shall determine each annual increase
using the unrounded figure from the preceding year. The first increase in the
fee amounts shall occur on July 1, 2006.
(4) In establishing the
amount of the license fee for an applicant, the department shall use the annual
gross dollar volume of sales and services by that applicant within
(5) The provisions of
ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and 603.075 shall
apply to animal food slaughtering establishments or processing establishments.
Except as provided in this subsection, the remainder of the
provisions of ORS chapter 603 do not apply to such establishments.
(6) Notwithstanding
subsection (1) of this section, a person licensed by the department under ORS
chapter 603 to slaughter meat animals and subject to federal meat inspection,
or a person licensed by the department under ORS chapter 603 to slaughter only
poultry and rabbits and subject to federal poultry inspection, or a person
licensed by the department under ORS chapter 603 as a nonslaughtering processor
may, without being required to obtain an additional license, also sell or
dispose of meat products as animal food provided that such licensees also
comply with the provisions of subsection (7) of this section, ORS 619.010 to
619.026 and 619.036 to 619.066.
(7) In accordance with
the provisions of ORS chapter 183, the department may promulgate rules
necessary to carry out and enforce any procedures or measures to protect the
health of the animals that are fed or intended to be fed the meat products sold
or disposed of by animal food slaughtering establishments or processing
establishments, and to protect the health of other animals in this state. In
addition to the provisions of ORS 619.046, for the purposes of this section the
department shall take into consideration:
(a) The provisions of
ORS chapter 596.
(b) The procedures
necessary to ensure that meat products that are only fit for or destined for
animal consumption are not sold for human consumption.
(8) A person licensed as
provided by this section:
(a) May not sell, hold or
offer for sale any carcass of a meat animal or part thereof that is unfit for
or unwholesome as animal food.
(b) May not sell, hold
or offer for sale a carcass of a meat animal or part thereof for human
consumption.
(c) Shall keep complete
and accurate records of the meat animals purchased for slaughter, including but
not limited to their description, brands if any, date of purchase and the name
and address of the person from whom the animals were purchased.
(d) Shall keep complete
and accurate records of the sale of all meat animal carcasses or parts thereof,
including the name and address of the purchaser.
(e) Shall comply with
the provisions of ORS 619.026.
SECTION 26. ORS 619.031, as amended by section 6, chapter
735, Oregon Laws 2005, is amended to read:
619.031. (1) A person
may not operate an animal food slaughtering establishment or processing
establishment without first obtaining a license therefor from the State
Department of Agriculture.
(2) The license fees for
an animal food slaughtering establishment or processing establishment are:
(a) $216 if the
establishment’s annual gross dollar volume of sales and services is not more
than $50,000;
(b) $271 if the
establishment’s annual gross dollar volume of sales and services is more than
$50,000 and not more than $500,000;
(c) $325 if the establishment’s annual gross dollar volume of sales
and services is more than $500,000 and not more than $1 million;
(d) $487 if the
establishment’s annual gross dollar volume of sales and services is more than
$1 million and not more than $5 million;
(e) $541 if the
establishment’s annual gross dollar volume of sales and services is more than
$5 million and not more than $10 million; or
(f) $704 if the
establishment’s annual gross dollar volume of sales and services is more than
$10 million.
(3) In establishing the
amount of the license fee for an applicant, the department shall use the annual
gross dollar volume of sales and services by that applicant within
(4) The provisions of
ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and 603.075 shall
apply to animal food slaughtering establishments or processing establishments.
Except as provided in this subsection, the remainder of the
provisions of ORS chapter 603 do not apply to such establishments.
(5) Notwithstanding
subsection (1) of this section, a person licensed by the department under ORS
chapter 603 to slaughter meat animals and subject to federal meat inspection,
or a person licensed by the department under ORS chapter 603 to slaughter only
poultry and rabbits and subject to federal poultry inspection, or a person
licensed by the department under ORS chapter 603 as a nonslaughtering processor
may, without being required to obtain an additional license, also sell or
dispose of meat products as animal food provided that such licensees also
comply with the provisions of subsection (6) of this section, ORS 619.010 to
619.026 and 619.036 to 619.066.
(6) In accordance with
the provisions of ORS chapter 183, the department may promulgate rules
necessary to carry out and enforce any procedures or measures to protect the
health of the animals that are fed or intended to be fed the meat products sold
or disposed of by animal food slaughtering establishments or processing
establishments, and to protect the health of other animals in this state. In
addition to the provisions of ORS 619.046, for the purposes of this section the
department shall take into consideration:
(a) The provisions of
ORS chapter 596.
(b) The procedures
necessary to ensure that meat products that are only fit for or destined for
animal consumption are not sold for human consumption.
(7) A person licensed as
provided by this section:
(a) May not sell, hold
or offer for sale any carcass of a meat animal or part thereof that is unfit
for or unwholesome as animal food.
(b) May not sell, hold
or offer for sale a carcass of a meat animal or part thereof for human
consumption.
(c) Shall keep complete
and accurate records of the meat animals purchased for slaughter, including but
not limited to their description, brands if any, date of purchase and the name
and address of the person from whom the animals were purchased.
(d) Shall keep complete
and accurate records of the sale of all meat animal carcasses or parts thereof,
including the name and address of the purchaser.
(e) Shall comply with
the provisions of ORS 619.026.
SECTION 27. ORS 621.166 is amended to read:
621.166. (1) Application
for a dairy products plant license shall be made to the State Department of
Agriculture on forms provided by the department. Each license and each annual
renewal shall expire on June 30 next following its issuance or on such date
as may be specified by department rule. Dairy products plant licenses are
personal and are not transferable.
(2) Each dairy products
plant shall submit a separate fee established by the department for each mobile
milk tanker. The fee shall not apply to a mobile milk tanker owned and operated
by a dairy products plant while transporting dairy products from the dairy
products plant to wholesale or retail outlets for those products. As used in
this section, “mobile milk tanker” means a tank or other receptacle that
attaches to a bulk tank truck or other equipment and is used to transport fluid
milk, milk or milk products.
(3) The department shall
establish the license fee for a mobile milk tanker in accordance with ORS
chapter 183. The fee may not be less than $25 or more than $50. Except as
provided in subsection (4) of this section, the fees for a dairy products plant
are:
(a) $125 if the
applicant’s annual gross dollar volume of sales and services is not more than
$50,000;
(b) $175 if an applicant’s
annual gross dollar volume of sales and services is more than $50,000 and not more
than $500,000;
(c) $300 if an applicant’s annual gross dollar volume of sales and
services is more than $500,000 and not more than $1 million;
(d) $450 if an applicant’s
annual gross dollar volume of sales and services is more than $1 million and not
more than $5 million;
(e) $600 if an applicant’s
annual gross dollar volume of sales and services is more than $5 million and
not more than $10 million; or
(f) $750 if an applicant’s
annual gross dollar volume of sales and services is more than $10 million.
(4) The department shall
increase the license fee amounts described in subsection (3) of this section by
two percent annually, rounded to the nearest whole dollar amount for assessment
and collection purposes. The department shall determine each annual increase
using the unrounded figure from the preceding year. The first increase in the
fee amounts shall occur for the license year commencing July 1, 2006.
(5) In establishing the
amount of the license fee for an applicant, the department shall use the annual
gross dollar volume of sales and services by that applicant within
SECTION 28. ORS 621.166, as amended by section 12, chapter
735, Oregon Laws 2005, is amended to read:
621.166. (1) Application
for a dairy products plant license shall be made to the State Department of
Agriculture on forms provided by the department. Each license and each annual
renewal shall expire on June 30 next following its issuance or on such date
as may be specified by department rule. Dairy products plant licenses are
personal and are not transferable.
(2) Each dairy products
plant shall submit a separate fee established by the department for each mobile
milk tanker. The fee shall not apply to a mobile milk tanker owned and operated
by a dairy products plant while transporting dairy products from the dairy
products plant to wholesale or retail outlets for those products. As used in
this section, “mobile milk tanker” means a tank or other receptacle that
attaches to a bulk tank truck or other equipment and is used to transport fluid
milk, milk or milk products.
(3) The department shall
establish the license fee for a mobile milk tanker in accordance with ORS
chapter 183. The fee may not be less than $25 or more than $50. The fees for a
dairy products plant are:
(a) $135 if the applicant’s
annual gross dollar volume of sales and services is not more than $50,000;
(b) $189 if an applicant’s
annual gross dollar volume of sales and services is more than $50,000 and not
more than $500,000;
(c) $325 if an applicant’s annual gross dollar volume of sales and
services is more than $500,000 and not more than $1 million;
(d) $487 if an applicant’s
annual gross dollar volume of sales and services is more than $1 million and
not more than $5 million;
(e) $649 if an applicant’s
annual gross dollar volume of sales and services is more than $5 million and
not more than $10 million; or
(f) $812 if an applicant’s
annual gross dollar volume of sales and services is more than $10 million.
(4) In establishing the
amount of the license fee for an applicant, the department shall use the annual
gross dollar volume of sales and services by that applicant within
SECTION 29. ORS 621.266 is amended to read:
621.266. (1) Application
for a pasteurizer operator license shall be made to the State Department of Agriculture
on forms provided by the department. A license issued or renewed by the
department under this section may be restricted so as to authorize the licensee
to engage only in a limited line of activity commensurate with the ability of
the licensee.
(2) An applicant for
original issuance of a license must pass a reasonable written examination, give
a practical demonstration of ability to carry out licensee duties and pay the
fee required by this section.
(3) A license issued
under this section expires on June 30 of each even-numbered year next following
the date of its issuance [unless sooner
revoked] or on such date as may be specified by department rule, and
may be renewed upon application of the licensee. Each application for issuance
or renewal of a license shall be accompanied by a nonrefundable fee determined
by the department.
(4) The fee described in
subsection (3) of this section shall be established by the department in
accordance with ORS chapter 183 and shall not exceed $50.
(5) Subsections (1) to
(3) of this section do not apply to a pasteurizer operator license issued as a
lifetime license prior to September 29, 1991. However, in order to maintain a
lifetime license in effect, the licensee must submit a registration form to the
department by June 30 of each even-numbered year or by such date as may be
specified by department rule confirming the desire of the licensee to
continue the lifetime license.
SECTION 30. ORS 621.335 is amended to read:
621.335. (1) A person
engaged in the business of freezing or making frozen desserts and then selling
those frozen desserts at wholesale must obtain a license to carry on that
business from the State Department of Agriculture as provided in this section.
The person must obtain a separate license for each wholesale establishment
operated by the person.
(2) Upon payment to the
department of a license fee of $60, the department may issue a license to any
applicant to make or freeze frozen desserts and then sell those frozen desserts
at wholesale.
(3) The license shall
expire on June 30 next following the date of its issuance [unless sooner revoked or suspended] or on such date as may be
specified by department rule. A license is personal to the applicant and is
not transferable.
SECTION 31. ORS 622.050 is amended to read:
622.050. (1) A dealer shall make application to the State Department of
Agriculture for a certificate or certificates of shellfish sanitation. The
application shall be accompanied by the required fee or fees.
(2) The department shall
issue the initial certificate or certificates of shellfish sanitation, if on
inspection the department finds that the dealer has complied with all the
provisions of this chapter and the rules of the department under this chapter.
(3) Every certificate of
shellfish sanitation shall expire on December 31[,] following the date of issue or on such date as may be
specified by department rule. Any certificate of shellfish sanitation may
be renewed on payment of the required fee. Inspection is not a condition precedent
for renewal, but an inspection shall be made at some time within the renewal
year.
SECTION 32. ORS 624.020 is amended to read:
624.020. (1) A person may not operate a restaurant or bed and breakfast
facility without a license to do so from the Department of Human Services.
(2) Application for the
license shall be in writing in the form prescribed by the department and shall
contain the name and address of the applicant and any other information that
the department may require. The fee for a license is as provided in ORS
624.490. A license expires annually on December 31 or on such date as may be
specified by department rule.
(3) The Director of
Human Services may suspend, deny or revoke any license for violation of any of
the applicable provisions of ORS 624.010 to 624.120 or any rule adopted under ORS 624.010 to 624.120.
(4) Procedures for
denial, revocation or suspension of a license are as provided in ORS chapter
183.
(5) The licensee shall
post evidence of the license in public view at the customary entrance of the
restaurant or bed and breakfast facility. A person other than the director may
not deface or remove evidence of a license.
(6) A license is not
transferable. The department may not issue a refund representing any unused
portion of a license.
SECTION 33. ORS 628.230 is amended to read:
628.230. Application for
the license required by ORS 628.220 shall be made to the State Department of
Agriculture in writing containing such information and in such form as may be
prescribed by the department. The license is not transferable and does not
authorize the conduct of any refrigerated locker business at any address other
than that stated in the application. Licenses shall be issued for the fiscal
year commencing on July 1 and ending on June 30 next following or for such
period as may be specified by department rule.
SECTION 34. ORS 632.715 is amended to read:
632.715. (1) Unless the
holder of a permit issued under ORS 632.730, no person shall sell or distribute
within this state any eggs to consumers or to retailers without having first
obtained an egg handler’s license from the State Department of Agriculture. The
license shall not be required:
(a) Of a producer
selling and delivering eggs of the producer’s own production direct to an
individual consumer; or
(b) For the sale of
uncandled eggs to other than a consumer; or
(c) For the sale by a
retailer to a consumer of eggs which previously have been candled and graded by
an egg handler in compliance with ORS 632.705 to 632.815.
(2) Application for such
license shall be made to the department, on forms prescribed by the department.
(3) Each egg handler’s
license shall expire on June 30 next following the date of issuance or on
such date as may be specified by department rule. Such license shall not be
transferable to any person. The original of the license shall be conspicuously
displayed in the main office of the licensee. A duplicate copy of the license
shall be conspicuously displayed in each separate branch, store, sales outlet, office, warehouse or location operated or owned by the
licensee in which eggs are candled or graded.
(4) The department, in
accordance with ORS chapter 183, may refuse to issue, or may suspend or revoke,
an egg handler’s license issued under this section, or a permit issued under
ORS 632.730, if the applicant, the permit holder, or the licensee has or is
violating the provisions of ORS 632.705 to 632.815 or rules promulgated
pursuant thereto.
SECTION 35. ORS 632.730 is amended to read:
632.730. No person shall
engage in the commercial breaking of eggs for the purpose of recovering
therefrom, for human food, the whites, yolks or whole egg meats, or any part
thereof, for resale as such, without first obtaining from the State Department
of Agriculture a permit to do so. Such permit shall be issued to any person
making written application for it and a proper showing of ability and intent to
comply with the sanitary requirement specified by ORS 632.705 to 632.815, and
payment to the department of an annual permit fee of $75. Such permit shall
expire on June 30 next following its date of issuance[, and] or on such date as may be
specified by department rule. Such permits may be renewed from year to year
upon written application and payment of the annual permit fee.
SECTION 36. ORS 633.015 is amended to read:
633.015. (1) A person
may not distribute a nonregistered commercial feed. Every brand, and each
formula or formulation thereof, of commercial feeds manufactured, compounded,
delivered or distributed in this state must be registered with the State
Department of Agriculture. The distributor must submit an application for
registration on forms furnished by the department. If the department so
requests, the distributor must submit the label or a facsimile of the label and
other printed matter describing the product. Upon approval by the department, a
certificate of registration shall be furnished to the distributor. All
registrations expire on December 31 of each year or on such date as may be
specified by department rule. The application must include the information
required by ORS 633.026 (1)(a) to (f) and such other
information as the department may require.
(2) A distributor is not
required to register any brand of commercial feed that has been registered under
ORS 633.006 to 633.089 and 633.992 by another person.
(3) Changes in the
guarantee of either chemical or ingredient composition of a registered
commercial feed may be permitted, if there is satisfactory evidence that such
changes would not result in a lowering of the feeding value of the product for
the purpose for which designed.
(4) The department may
refuse registration of any commercial feed if the application is not in
compliance with the provisions of ORS 633.006 to 633.089 and 633.992. The department
may cancel any registration subsequently found not to be in compliance with any
provision of ORS 633.006 to 633.089 and 633.992. The department shall give the
registrant reasonable opportunity to be heard before the department and to
amend the application in order to comply with the requirements of ORS 633.006
to 633.089 and 633.992.
(5) Custom mixed feeds
are exempt from registration.
(6) Each application for
registration must be accompanied by a fee to be established by the department
not to exceed $20 for each formula or formulation of commercial feed under each
brand.
SECTION 37. ORS 633.029 is amended to read:
633.029. (1)(a) A person may not operate an animal feed manufacturing
plant, distribute commercial feeds other than at retail, be furnished a
certificate of registration of a brand in this state, distribute a custom mixed
feed manufactured for that person, or repackage or relabel a commercial feed
manufactured by another person without having first obtained a license from the
State Department of Agriculture. Application for license must be on forms
prescribed by the department and must be accompanied by a license fee
established by the department, not to exceed $500. All licenses shall expire on
December 31 of each year or on such date as may be specified by department
rule.
(b) In accordance with
the provisions of ORS chapter 183, the department may promulgate rules
designating different license fees for various categories of persons described
in paragraph (a) of this subsection, so as to recognize differences in types of
activities or volumes of business.
(2)(a) A contract feeder
is not subject to the provisions of subsection (1) of this section, provided no
drugs in any form are utilized in the manufacturing, mixing or processing of the
feed. In the event drugs are so utilized, the contract feeder or other person
utilizing the drugs is subject to the provisions of subsection (1) of this
section.
(b) In accordance with
the applicable provisions of ORS chapter 183, the department shall promulgate
rules designating the types or categories of persons described in paragraph (a)
of this subsection to whom this section applies. In
promulgating such rules, the department shall consider:
(A) The methods of
manufacture, mixing or processing of feed used;
(B) The quantities and
kinds of drugs used; and
(C) The number, ages and
kinds of animals to which the feed is to be made available.
SECTION 38. ORS 633.318 is amended to read:
633.318. (1) A
manufacturer-bulk distributor license issued by the State Department of
Agriculture is required for manufacturers or bulk distributors of registered or
custom mixed fertilizer, agricultural amendment, agricultural mineral or lime
products. A license is required for any business entity described by either or
both of the following conditions:
(a) Each out-of-state or
in-state business entity that distributes fertilizer, agricultural amendment,
agricultural mineral or lime in bulk.
(b) Each in-state
business entity that manufactures any fertilizer, agricultural amendment,
agricultural mineral or lime product in this state.
(2) An application for a
manufacturer-bulk distributor license must be filed on forms provided by the
department and must be accompanied by a nonrefundable license fee to be
determined by rule, not to exceed $50 for each business entity per year.
(3) An application for a
license must include but not be limited to:
(a) The name, physical
address and mailing address of the business entity main office and primary
contact;
(b) A list of locations
that are in operation for more than 90 days during a license period; and
(c) Other information as
required by the department to clarify the manufacturer’s or bulk distributor’s
activities or location.
(4) A manufacturer-bulk
distributor license will expire on December 31 of each year or on such date
as may be specified by department rule. A late fee of $25 may be assessed
by the department on or after the 30th day following the expiration of a
license if the license fee has not been paid by the applicant. The late fee
shall be added to the required license fee and must be paid by the applicant
before the department may issue a license to the applicant.
(5) Within 30 days, each
license holder shall report any change to the department that results in the
addition, removal or change of a location.
SECTION 39. ORS 633.700 is amended to read:
633.700. (1) No person
may sell, offer or expose for sale in this state any agricultural or vegetable
seeds unless the person holds an unsuspended license issued by the State
Department of Agriculture. However, any person selling seeds of the person’s
own production exclusively, and persons selling only vegetable seeds at retail,
in packages weighing not in excess of one-half pound, as prepared for such
trade by other seed companies, if the seed company preparing such packaged seed
for sale, has a license in force for the sale of such seed in this state, is
not required to secure such license. For the purposes of this section, persons
operating more than one branch, plant or warehouse where seeds are sold,
offered or exposed for sale shall secure a separate license for each such
branch, plant or warehouse.
(2) Any person desiring
to sell, offer or expose for sale in this state any agricultural or vegetable
seeds, for planting purposes, except as provided in this section, shall make
application to the director for a license for this purpose. The application
shall be signed by the applicant or the authorized agent of the applicant and
shall be in a form approved by the director. Upon presentation of such signed
application for a license and the tendering of the license fee established by
the department pursuant to subsection (3) of this section, the department shall
issue the license to the applicant. The license shall expire on June 30
next following the date of issuance or on such date as may be specified by
department rule.
(3) The department shall
establish annual license fees, not to exceed $40 for a retailer’s license and
not to exceed $400 for a wholesaler’s license. Only one license shall be
required for one person’s operation at one location.
SECTION 40. ORS 634.112 is amended to read:
634.112. (1) Except as
provided in ORS 634.142 (2), any license or certificate issued or required of a
pesticide consultant, dealer, operator, applicator, private applicator or
trainee by this chapter shall expire on December 31 following issuance [unless it has been revoked or suspended
prior thereto by] or on such date as may be specified by rule of the
State Department of Agriculture. At least 30 days prior to the expiration date,
the department shall by mail notify each person holding a license or
certificate of the expiration date thereof.
(2) Applications for all
licenses or certificates required of a pesticide consultant, dealer, operator,
applicator, private applicator or trainee, or renewal thereof, shall be made to
the department on forms prescribed by the department and accompanied by the
prescribed fee.
(3) All such licenses or
certificates are personal to the applicant and may not be transferred to any
other person.
(4) Nothing in this
chapter shall be construed as requiring a person, helping or assisting in the
application of pesticides by a licensed pesticide applicator or certified
private applicator or the pesticide application business through the
performance of manual labor only, to obtain a license or certificate, if the
actual application of pesticides is made by:
(a) A licensed pesticide
applicator or a certified private applicator; or
(b) A person applying
pesticides under ORS 634.106.
(5) Failure to pay the
renewal license fees when due by a pesticide consultant, dealer, operator or
applicator, or failure to pay the renewal certificate fees by a trainee, shall
forfeit the right to engage in the activities of a pesticide consultant,
dealer, operator, applicator or trainee, as the case may be. Any person whose
pesticide consultant, dealer, operator or applicator license, or trainee
certificate has been forfeited, shall not be issued a license, certificate or
renewal license or renewal certificate except upon written application to the
department accompanied by a sum of money equal to the license or certificate
fee which should have been paid.
(6) If such person is a
pesticide consultant or applicator and does not pay the license fee during the
first month in which the license fee is delinquent, thereafter such pesticide
consultant or applicator shall not only pay the required license fee but shall
also obtain a passing grade in a reexamination given by the department for
pesticide applicators as prescribed in ORS 634.122, or otherwise demonstrate
knowledge of the subject to the satisfaction of the department.
(7) No penalty
reexamination shall be required of a person whose application for renewal of a
license or certificate is accompanied by a signed statement that prior to the
application the person has not operated or worked as a pesticide consultant,
applicator or trainee, as the case may be, during the previous six months or
since the expiration date of the last license or certificate of the person,
whichever time is less. If the department later verifies this signed statement
is false, then notwithstanding the provisions of ORS chapter 183, the
department may immediately suspend the license or certificate which was issued
as a result of such statement. Such suspension shall only be removed after the
person has complied with the applicable provisions of subsections (5) and (6)
of this section.
SECTION 41. ORS 635.030 is amended to read:
635.030. (1) Any person desiring to or who does engage in the business of
a nonalcoholic beverage manufacturer shall apply to the State Department of
Agriculture for a license for each plant operated by such person. The
application shall be in such form and contain such information as the
department may prescribe.
(2) Each nonalcoholic
beverage manufacturer doing business in this state shall pay a license fee.
(3) Except as provided
in subsection (4) of this section, the license fees for a nonalcoholic beverage
manufacturer are:
(a) $150 if the
manufacturer’s annual gross sales are not more than $50,000;
(b) $250 if the
manufacturer’s annual gross sales are more than $50,000 and not more than
$500,000;
(c) $350 if the manufacturer’s annual gross sales are more than $500,000
and not more than $1 million;
(d) $550 if the
manufacturer’s annual gross sales are more than $1 million and not more than $5
million;
(e) $650 if the
manufacturer’s annual gross sales are more than $5 million and not more than
$10 million; or
(f) $850 if the
manufacturer’s annual gross sales are more than $10 million.
(4) The department shall
increase the license fee amounts described in subsection (3) of this section by
two percent annually, rounded to the nearest whole dollar amount for assessment
and collection purposes. The department shall determine each annual increase
using the unrounded figure from the preceding year. The first increase in the
fee amounts shall occur on July 1, 2006.
(5) In establishing the
amount of the license fee for a manufacturer, the department shall use the
annual gross sales by that manufacturer within
(6) All such licenses
shall expire on June 30 next following the date of issuance or on such date
as may be specified by department rule. The department shall collect for
each license and for each renewal thereof the license fee computed as provided
in subsections (3) and (4) of this section. The fee shall be remitted by the department
to the State Treasurer. The State Treasurer shall place all moneys received
under this section in the Department of Agriculture Service Fund. Moneys from
fees imposed under this section are continuously appropriated to the department
for the purpose of administering and enforcing the provisions of this chapter.
SECTION 42. ORS 635.030, as amended by section 16, chapter
735, Oregon Laws 2005, is amended to read:
635.030. (1) Any person desiring to or who does engage in the business of
a nonalcoholic beverage manufacturer shall apply to the State Department of
Agriculture for a license for each plant operated by such person. The
application shall be in such form and contain such information as the
department may prescribe.
(2) Each nonalcoholic beverage
manufacturer doing business in this state shall pay a license fee.
(3) The license fees for
a nonalcoholic beverage manufacturer are:
(a) $162 if the
manufacturer’s annual gross sales are not more than $50,000;
(b) $271 if the
manufacturer’s annual gross sales are more than $50,000 and not more than
$500,000;
(c) $379 if the manufacturer’s annual gross sales are more than
$500,000 and not more than $1 million;
(d) $595 if the
manufacturer’s annual gross sales are more than $1 million and not more than $5
million;
(e) $704 if the
manufacturer’s annual gross sales are more than $5 million and not more than
$10 million; or
(f) $920 if the
manufacturer’s annual gross sales are more than $10 million.
(4) In establishing the
amount of the license fee for a manufacturer, the department shall use the
annual gross sales by that manufacturer within
(5) All such licenses
shall expire on June 30 next following the date of issuance or on such date
as may be specified by department rule. The department shall collect for
each license and for each renewal thereof the license fee computed as provided
in subsection (3) of this section. The fee shall be remitted by the department
to the State Treasurer. The State Treasurer shall place all moneys received
under this section in the Department of Agriculture Service Fund. Moneys from
fees imposed under this section are continuously appropriated to the department
for the purpose of administering and enforcing the provisions of this chapter.
SECTION 43. ORS 675.290 is amended to read:
675.290. Each licensed
occupational therapist or occupational therapy assistant shall apply to the
Occupational Therapy Licensing Board prior to the expiration of a license for a
renewal of a license. Each applicant for renewal of a license shall pay a
renewal fee, in an amount established by the board, at the time of filing a
renewal application. Any license that is not renewed before June 1 of even-numbered
years, or before such date as may be specified by board rule, shall
automatically lapse. The board may revive and renew any lapsed license upon
payment to it of a delinquent fee in the amount of $50. However, late renewal
of a license may not be granted more than three years after its expiration.
SECTION 44. ORS 678.760 is amended to read:
678.760. (1) Upon
compliance with the requirements of ORS 678.730 and the payment of a fee as
determined by the Board of Examiners of Nursing Home Administrators of the
State of Oregon under ORS 678.775, an individual shall upon application be
granted a nursing home administrator’s original license. All original licenses
shall expire on June 30 of the next odd-numbered year or on such date as may
be specified by board rule.
(2) Upon application
within one year following expiration of an original or a renewal license, and
the payment of a fee as determined by the board under ORS 678.775, the board
shall issue a renewal license, provided the continuing education requirements
and all other requirements set by the board have been met. All renewal licenses
shall expire on June 30 of the next odd-numbered year or on such date as may
be specified by board rule.
(3) The fee for a
provisional license shall be determined by the board under ORS 678.775.
SECTION 45. ORS 681.320 is amended to read:
681.320. (1) On or
before January 30 of each even-numbered year, or on or before such date as
may be specified by rule of the State Board of Examiners for Speech-Language Pathology
and Audiology, each licensed speech-language pathologist or audiologist
shall submit to the [State Board of
Examiners for Speech-Language Pathology and Audiology] board an
application for renewal of license and pay the renewal fee established by the
board. The application shall include the following:
(a) Evidence of
participation in professional development. Participation in professional
development includes continuing education or other demonstrations of
professional development that the board may recognize by rule.
(b) Evidence of
compliance with all other requirements established by the board.
(2) A person who applies
for renewal and whose license has expired may not be required to submit to any
examination as a condition to renewal if the renewal application is made within
four years from the date of expiration of the license.
(3) A suspended license
is subject to expiration and must be renewed as provided in this section, but
renewal does not entitle the licensee while the license remains suspended to
engage in the licensed activity, or in any other activity or conduct that
violates the order or judgment by which the license was suspended.
(4) A license revoked on
disciplinary grounds is subject to expiration and may not be renewed. If the license
is reinstated after its expiration, the licensee, as a condition of
reinstatement, shall pay a reinstatement fee in an amount equal to the renewal
fee in effect on the last preceding regular renewal date before the date on
which it is reinstated, plus a delinquency fee, if any, accrued at the time of
revocation of the license.
(5) A person who fails
to renew a license within the four years after its expiration may not renew the
license. The license may not be restored, reissued or reinstated thereafter,
but the person may reapply for and obtain a new license if the person meets the
requirements of this chapter and rules adopted by the board.
SECTION 46. ORS 682.047 is amended to read:
682.047. (1) When applications have been made as required under ORS
682.045, the Department of Human Services shall issue licenses to the owner if
it is found that the ambulance service and ambulance comply with the
requirements of ORS 820.350 to 820.380 and this chapter and the rules adopted
thereunder.
(2) Each license unless
sooner suspended or revoked shall expire on the next June 30 or on such date
as may be specified by department rule.
(3) The department may
initially issue a license for less than a 12-month period or for more than a
12-month period not to exceed 15 months.
(4) Licenses shall be
issued only to the owner of the ambulance service and only for the ambulance
named in the application and shall not be transferable to any other person,
governmental unit, ambulance service or ambulance.
(5) Licenses shall be
displayed as prescribed by the rules of the department.
(6) The department shall
provide for the replacement of any current license that becomes lost, damaged
or destroyed. A replacement fee of $10 shall be charged for each replacement
license.
(7) Nonrefundable fees
in the following amounts shall accompany each initial and each subsequent
annual application to obtain a license to operate an ambulance service and
ambulance:
(a) $75 for an ambulance
service having a maximum of four full-time paid positions;
(b) $250 for an
ambulance service having five or more full-time paid positions;
(c) $45 for each
ambulance license if the ambulance is owned and operated by an ambulance
service that has a maximum of four full-time paid positions; and
(d) $80
for each ambulance license if the ambulance is owned and operated by an
ambulance service having five or more full-time paid positions.
(8) The fees established
under subsection (7) of this section do not apply to an ambulance or vehicle
described under ORS 682.035.
SECTION 47. ORS 682.216 is amended to read:
682.216. (1) When application has been made as required under ORS
682.208, the Department of Human Services shall certify the applicant as an
emergency medical technician or as a first responder if it finds:
(a) The applicant has
successfully completed a training course approved by the department.
(b) The applicant’s
physical and mental qualifications have been certified as required under ORS
682.208.
(c) No matter has been
brought to the attention of the department which would disqualify the
applicant.
(d) A nonrefundable fee
has been paid to the department pursuant to ORS 682.212.
(e) The applicant for
emergency medical technician certification is 18 years of age or older and the
applicant for first responder is 16 years of age or older.
(f) The applicant has
successfully completed examination as prescribed by the department.
(g) The applicant meets
other requirements prescribed by rule of the department.
(2) The department may
provide for the issuance of a provisional certification for emergency medical
technicians.
(3) The department may
issue by indorsement certification for emergency medical technician without
proof of completion of an approved training course to an emergency medical technician
who is licensed to practice emergency care in another state of the United
States or a foreign country if, in the opinion of the department, the applicant
meets the requirements of certification in this state and can demonstrate to
the satisfaction of the department competency to practice emergency care. The
department shall be the sole judge of credentials of any emergency medical
technician applying for certification without proof of completion of an
approved training course.
(4) Each person holding
a certificate under ORS 682.208 and this section shall submit, at the time of
application for renewal of the certificate to the department, evidence of the
applicant’s satisfactory completion of a department approved program of
continuing education and other requirements prescribed by rule by the
department.
(5) The department shall
prescribe criteria and approve programs of continuing education in emergency
and nonemergency care to meet the requirements of this section.
(6) The department shall
include a fee pursuant to ORS 682.212 for late renewal and for issuance of any
duplicate certificate. Each certification issued under this section, unless
sooner suspended or revoked, shall expire and be renewable after a period of
two years. Each certificate must be renewed on or before June 30 of every
second year or on or before such date as may be specified by department rule.
The department by rule shall establish a schedule of certificate renewals under
this subsection and shall prorate the fees to reflect any shorter certificate
period.
(7) Nothing in this
chapter authorizes an emergency medical technician or first responder to
operate an ambulance without a driver license as required under the Oregon
Vehicle Code.
SECTION 48. ORS 685.100 is amended to read:
685.100. (1) Upon receipt of an application for a license, accompanied by
the appropriate fee, the Board of Naturopathic Examiners shall issue to the
applicant a license certificate. The certificate shall, at all times, be
displayed in the office of the person to whom it was issued unless the person
has allowed the license to become inactive or is retired from the practice of
naturopathic medicine and does not maintain an office.
(2) A person holding an
active license issued under this chapter may apply to the board for license
renewal. A completed renewal application consists of:
(a) A completed board
renewal form containing any information required by the board to determine the
applicant’s eligibility for license renewal;
(b) Proof of compliance
with continuing education requirements set by the board; and
(c) Payment of the
biennial license renewal fee established by the board under subsection (8) of
this section.
(3) Failure to submit a
completed renewal application by December 31, or by such date as may be
specified by board rule, shall result in the lapse of the license. A lapsed
license may be restored by the board upon receipt, [by January 31] not more than 30 days after the license lapses,
of a completed renewal application and payment of the restoration fee under
subsection (8) of this section.
(4) A license that has
lapsed for more than one month may be restored by the board upon payment of the
restoration fee established by the board and submission of a completed renewal
application and any other information required by the board.
(5) A person holding an
active license under this chapter may convert the license to inactive status by
meeting the requirements set by rule of the board and paying any required fees.
A person holding a license issued under this chapter who is at least 70 years
of age and retired from the practice of naturopathic medicine may convert the
license to retired status by meeting the requirements set by rule of the board
and paying any required fees.
(6)(a) A person who
chooses to allow a license to become inactive may file a written application to
reactivate a license that has been inactive for one year or less by paying the
restoration fee and the biennial renewal fee for an active license and
demonstrating compliance with ORS 685.102. A fee paid to place the license in
inactive status shall not be credited toward payment of the biennial renewal
fee for an active license. The board may prorate the biennial renewal fee.
(b) A person who chooses
to allow a license to become inactive may file a written application to
reactivate a license that has been inactive for more than one year by paying
the biennial renewal fee for an active license and demonstrating compliance
with the continuing education requirement set by rule of the board under ORS
685.102 (6). The board may prorate the biennial renewal fee.
(7) The secretary of the
board shall notify each person holding a license under this chapter that the
registration application and fee are due.
(8) The board shall assess
fees for:
(a) An initial license.
(b) Examination.
(c) Renewal of a
biennial license.
(d) Yearly renewal of an
inactive or retired license.
(e) Restoration of an
inactive, lapsed or revoked license.
(f) A certificate of
special competency in natural childbirth.
(g) A duplicate license.
(h) A wall certificate.
(i) Copies of public
documents, mailing labels, lists and diskettes.
(9) Subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fees and charges, the fees and
charges established under this section shall not exceed the cost of
administering the regulatory program of the board pertaining to the purpose for
which the fee or charge is established, as authorized by the Legislative
Assembly within the board’s budget, as the budget may be modified by the
Emergency Board.
SECTION 48a. If Senate Bill 206 becomes law, section 48
of this 2007 Act (amending ORS 685.100) is repealed and ORS 685.100, as amended
by section 4, chapter 327, Oregon Laws 2007 (Enrolled Senate Bill 206), is
amended to read:
685.100. (1) Upon
approval of an application for a licensure, the Board of Naturopathic Examiners
shall issue a license certificate that shall be displayed at all times in the
office of the person to whom it was issued while the license is active.
(2) A person holding an
active license issued under this chapter may apply to the board for license
renewal. A completed renewal application consists of:
(a) A completed board
renewal form containing any information required by the board to determine the
applicant’s eligibility for license renewal;
(b) Proof of compliance
with continuing education requirements set by the board; and
(c) Payment of the
active license renewal fee established by the board under subsection (8) of
this section.
(3) Failure to submit a
completed renewal application annually by December 31, or by such date as
may be specified by board rule, shall result in the lapse of the license. A
lapsed license may be restored by the board upon receipt, [by January 31] not more than 30 days after the license lapses,
of a completed renewal application and payment of the restoration fee under
subsection (8) of this section.
(4) A license that has
lapsed for more than one month may be restored by the board upon payment of the
restoration fee established by the board and submission of a completed renewal
application and any other information required by the board.
(5) A person holding an
active license under this chapter may convert the license to inactive status by
meeting the requirements set by rule of the board and paying any required fees.
A person holding a license issued under this chapter who is at least 70 years
of age and retired from the practice of naturopathic medicine may convert the
license to retired status by meeting the requirements set by rule of the board
and paying any required fees.
(6)(a) A person who
chooses to allow a license to become inactive may file a written application to
reactivate a license that has been inactive for one year or less by paying the
restoration fee and the renewal fee for an active license and demonstrating
compliance with ORS 685.102. A fee paid to place the license in inactive status
shall not be credited toward payment of the renewal fee for an active license.
The board may prorate the renewal fee.
(b) A person who chooses
to allow a license to become inactive may file a written application to
reactivate a license that has been inactive for more than one year by paying
the renewal fee for an active license and demonstrating compliance with the
continuing education requirement set by rule of the board under ORS 685.102
(6). The board may prorate the renewal fee.
(7) The executive
director of the board shall issue a renewal notice to each person holding a
license under this chapter [by the first
day of November of each year] at least 60 days before the renewal
application is due.
(8) The board shall
assess fees for:
(a) An initial license.
(b) Examination.
(c) Renewal of an active
license.
(d) Yearly renewal of an
inactive or retired license.
(e) Restoration of an
inactive, lapsed or revoked license.
(f) A certificate of
special competency in natural childbirth.
(g) A duplicate license.
(h) A wall certificate.
(i) Copies of public
documents, mailing labels, lists and diskettes.
(9) Subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fees and charges, the fees and
charges established under this section shall not exceed the cost of
administering the regulatory program of the board pertaining to the purpose for
which the fee or charge is established, as authorized by the Legislative
Assembly within the board’s budget, as the budget may be modified by the
Emergency Board.
SECTION 49. ORS 686.420 is amended to read:
686.420. (1) [By November 1 of each year, the Oregon State
Veterinary Medical Examining Board shall mail notification to each holder of]
A license to practice veterinary medicine or to act as a veterinary technician
[that the license] expires on [the] December 31 [next following] or on such date as may be specified by rule of
the Oregon State Veterinary Medical Examining Board. The board shall give each
person holding a license a notice of pending expiration at least 60 days before
the license expires. This notice shall be sufficient if mailed to the last
address filed with the board by the license holder. Appropriate forms for the
presentation of evidence of professional activity shall be mailed with the
notice of expiration.
(2) The board shall
determine whether the professional educational activity participated in by each
applicant for license renewal is within the criteria established under ORS
686.410. The board may excuse any applicant for license renewal from the
professional educational activity requirement when the applicant makes a
showing satisfactory to the board of exceptional circumstances which have
prevented compliance.
(3) Any person may renew
a license that has expired for failure to comply with ORS 686.410 (1) by making
written application for license renewal, presenting evidence of professional
educational activity equivalent to that which would have been required had the
license been renewed annually, and paying the current license renewal fee plus
the delinquent fee set by the board.
SECTION 50. ORS 688.650 is amended to read:
688.650. (1) When application has been made as required under ORS
688.640, the Department of Human Services shall certify the applicant as a
hemodialysis technician if it finds:
(a) The applicant has
successfully completed the training requirement adopted by the department.
(b) A fee has been paid
to the department pursuant to ORS 688.645.
(c) The applicant has
successfully completed an examination administered by the department or
administered by another public or private entity and approved by the
department.
(d) The applicant meets
any other requirements prescribed by rule of the department.
(2) The department may
provide for the issuance of a temporary or provisional certification for a
person to practice as a hemodialysis technician until the person has taken and
passed the next held certification examination available to the person and has
received a certificate. The department may impose any conditions or limitations
on a temporary or provisional certificate that the department considers
reasonable and necessary to protect the public. A temporary or provisional
certificate may be held only by a person who:
(a) Has not received a
failing grade on a certification examination approved or administered by the
department; and
(b)(A) Has successfully
completed the initial training required by department rule; or
(B) Is currently working
in this or another state as a hemodialysis technician and is enrolled in a
program offering the initial training required by department rule.
(3) Each person holding
a certificate under this section shall submit, at the time of application for
renewal of the certificate to the department, evidence of the applicant’s
satisfactory completion of any continuing education requirements prescribed by
rule by the department.
(4) The department shall
prescribe criteria and approve programs of continuing education.
(5) Each certification
issued under this section, unless sooner suspended or revoked, shall expire and
be renewable after a period of two years. Each certificate must be renewed on
or before June 30 of every second year or on or before such date as may be
specified by department rule. The department by rule shall establish a
schedule of certificate renewals under this subsection and shall prorate the
fees to reflect any shorter certificate period.
SECTION 51. ORS 689.275 is amended to read:
689.275. (1) Each
pharmacist shall apply for renewal of license annually no later than June 30
or no later than such date as may be specified by rule of the State Board of
Pharmacy. The [State Board of
Pharmacy] board shall renew the license of each pharmacist who is
qualified to engage in the practice of pharmacy.
(2) The board shall
specify by rule the procedures to be followed, in addition to those specified
by ORS 689.285, and the fees to be paid for renewal of licenses.
(3)(a) All pharmacists
in good standing who have been licensed pharmacists for at least 20 years and
who are retired from practice of pharmacy are exempt from further payment of
license fees until they again engage in the practice of pharmacy. No retired
pharmacist shall engage in the practice of pharmacy without first paying all
fees for the year in which the pharmacist resumes practice and producing
evidence satisfactory to the board of continued professional competence.
(b) Failure to comply
with the requirements of paragraph (a) of this subsection shall be considered
the practice of pharmacy without a license.
SECTION 52. ORS 691.465 is amended to read:
691.465. (1) The Board
of Examiners of Licensed Dietitians shall issue a license with a duration of
not more than two years to each person approved to be licensed. The license
shall be prima facie evidence of the right of the person to whom it is issued
to represent the person as a licensed dietitian subject to the provisions of
ORS 691.405 to 691.585.
(2) Each licensed
dietitian shall apply to the board for a renewal of the license at least 30
days before the expiration date. Licenses shall expire on October 31 of
odd-numbered years or on such date as may be specified by board rule.
Each applicant for renewal shall submit the required fee and present evidence
of completion of at least 30 hours of continuing education or present evidence
of the minimum continuing education requirements of the American Dietetic
Association. Any license that is not renewed by the expiration date shall be
automatically suspended. The board may reinstate a suspended license upon
payment of a nonrefundable penalty fee and all past unpaid renewal fees.
(3) The license fee
shall be one-half the two-year fee if the license is issued for 12 months or
less.
(4) A license that has
been suspended by reason of nonpayment of fees for a period of two years or
more shall be renewed upon reapplication and payment of all applicable fees.
(5) Subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fees and charges, the fees and
charges established under this section shall not exceed the cost of
administering the regulatory program for which the fee or charge is
established, as authorized by the Legislative Assembly within the board’s
budget to implement ORS 691.405 to 691.585, as the budget may be modified by
the Emergency Board.
SECTION 53. ORS 692.160 is amended to read:
692.160. (1) The fees that may be charged under this chapter are:
(a) A fee covering
requests for applications for a funeral establishment license, an immediate
disposition company license, a certificate of authority for a cemetery, a
certificate of authority for a crematorium, registration as a funeral service
practitioner apprentice, registration as an embalmer apprentice, a certificate
of removal registration, a license as a reciprocal funeral service practitioner
or a license as a reciprocal embalmer. The application fee shall be accompanied
by an additional fee for each principal of a funeral establishment, immediate disposition
company, cemetery or crematorium.
(b) A fee covering the
renewal of a license for a funeral establishment, a license for an immediate
disposition company or a certificate of authority for a crematorium.
(c) A fee covering the
renewal of a funeral service practitioner license or an embalmer license.
(d) A fee for renewal of
a combination funeral service practitioner and embalmer license.
(e) A fee for renewal of
the registration of a funeral service practitioner apprentice or an embalmer
apprentice.
(f) An examination fee
for a funeral service practitioner license or an embalmer license.
(g) A fee covering the
renewal of a certificate of authority for a cemetery.
(h) A fee covering the
reinstatement of a lapsed license or certificate of authority.
(i) A fee for reissuing
a license, registration or certificate of authority as provided in ORS 692.148.
(j) Fees for copying any
public record maintained by the State Mortuary and Cemetery Board, for
documents distributed by the board and postage for mailing any copies or
documents.
(2) All licenses granted
under this chapter to funeral service practitioners and embalmers shall expire
on January 1 in even-numbered years [unless
renewed as provided in this section] or on such date as may be specified
by rule of the State Mortuary and Cemetery Board. All licenses or
certificates of authority granted under this chapter to operators of funeral
establishments, to operators of immediate disposition companies, to operators
of cemeteries or to operators of crematoriums shall expire on January 1 in
odd-numbered years [unless renewed as
provided in this section] or on such date as may be specified by board
rule.
(3) The board shall mail
to each licensed funeral service practitioner, to each licensed embalmer, to
each licensed operator of a funeral establishment or immediate disposition
company and to each cemetery and crematorium holding a certificate of authority
under ORS 692.275, addressed to the licensee or certificate holder at the
licensee’s or certificate holder’s last-known address, a notice that the
renewal fee is due and payable and that if the fee is not paid by the renewal
date the license or certificate of authority shall lapse. The notice shall be
mailed to each licensed funeral service practitioner and to each licensed
embalmer [on or before November 1 of each
odd-numbered year] at least 60 days before the license expires. The
notice shall be mailed to each licensed operator of a funeral establishment or
immediate disposition company and to each cemetery and crematorium holding a
certificate of authority under ORS 692.275 [on
or before November 1 of each even-numbered year] at least 60 days before
the license or certificate of authority expires. [On or after July 1, 1986,] The board may impose continuing
education requirements as a prerequisite for relicensure.
(4) Subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fees and charges, the fees and
charges established under this section shall not exceed the cost of
administering the regulatory program of the State Mortuary and Cemetery Board
pertaining to the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the board’s budget, as the budget
may be modified by the Emergency Board.
SECTION 54. ORS 696.530 is amended to read:
696.530. (1) The license of an escrow agent expires on June 30
next after the date of issuance [if it is
not renewed by July 1 of such year] or on such date as may be specified
by rule of the Real Estate Commissioner. A license may be renewed by filing
a renewal application in writing, verified by the applicant and in the form
prescribed by the [Real Estate]
commissioner, and paying the annual license fee for the next succeeding fiscal
year.
(2) The filing fees are:
(a) For filing an
original or a renewal application, $300 for the main office and $150 for each
branch office.
(b) For filing an
application for a duplicate copy of a license, upon satisfactory showing of
loss of the license, the sum of $20.
(c) For a name change or
a change of address of an escrow agent, $10 for the main office plus $10 for
each affected branch office.
SECTION 54a. If Senate Bill 168 becomes law, section 54
of this 2007 Act (amending ORS 696.530) is repealed and ORS 696.530, as amended
by section 1, chapter 225, Oregon Laws 2007 (Enrolled Senate Bill 168), is
amended to read:
696.530. (1) The license of an escrow agent expires on June 30
next after the date of issuance [if it is
not renewed by July 1 of such year] or on such date as may be specified
by rule of the Real Estate Commissioner. A license may be renewed by filing
a renewal application in writing, verified by the applicant and in the form
prescribed by the [Real Estate]
commissioner, and paying the annual license fee for the next succeeding fiscal
year.
(2) The filing fees are:
(a) For filing an
original or a renewal application, $300 for the main office and $150 for each
branch office.
(b) For filing an
application for a duplicate copy of a license, upon satisfactory showing of
loss of the license, the sum of $20.
(c) For a name change or
a change of address of an escrow agent, $10 for the main office plus $10 for
each affected branch office.
(3) The commissioner, by
rule, may provide an opportunity for the late renewal of an expired escrow
agent license by an applicant who fails to renew the license by [July 1 as required in] the date
specified under subsection (1) of this section.
SECTION 55. ORS 704.020 is amended to read:
704.020. (1) Any person who acts, or who offers to act, as an outfitter
and guide must first register with the State Marine Board. Each registration
shall be submitted annually on a form provided by the board and shall include
the following information:
(a) The name, residence
address, and residence telephone number of the person providing outfitting and
guiding services, and all business names, addresses and telephone numbers under
which outfitting and guiding services are provided.
(b) If the outfitting
and guiding services are to be performed in the business name of an individual,
proof of possession of a current certificate issued to the individual:
(A) By the American Red
Cross upon completion of its multimedia course; or
(B) Upon completion of
any equivalent medical or American Red Cross training course approved by the
board.
(c) If the outfitting
and guiding services are to be performed in the business name of a person other
than an individual, the outfitter and guide must provide the names of all
employees, agents and parties in interest who physically provide, or who
directly assist in physically providing, outfitting and guiding services in
Oregon, together with the affidavit of the outfitter and guide that each such employee,
agent or party in interest possesses:
(A) A current
certificate issued to the employee, agent or party in interest:
(i) By the American Red
Cross upon completion of its multimedia course; or
(ii) Upon completion of
any equivalent medical or American Red Cross training course approved by the
board.
(B) A valid United
States Coast Guard vessel operator license if operating a motorboat on
navigable waters of the
(d) A description of:
(A) The outfitting and
guiding services, and any equipment, supplies, livestock and materials provided
by the outfitter and guide;
(B) The geographic area
in which the outfitter and guide provides the outfitting and guiding services,
and any equipment, supplies, livestock and materials; and
(C) The experience of
the outfitter and guide in providing the outfitting and guiding services, and
equipment, supplies, livestock and materials.
(e) Proof that the
outfitter and guide has liability insurance covering occurrences by the
outfitter and guide, and the employees of the outfitter and guide, which result
in bodily injury or property damage. Such insurance shall be not less than
$300,000 combined single limit per occurrence general liability coverage.
(f) Certification by the
outfitter and guide that the outfitter and guide will maintain the insurance
required by paragraph (e) of this subsection continuously in full force and
effect for a period of not less than one year from the date the certificate of
registration described in this section is issued by the board.
(g) The affidavit of the
outfitter and guide stating that for a period of not less than 24 months
immediately prior to making the registration application the outfitter and
guide and each person who provides or assists in directly providing outfitting
and guiding services:
(A) Have not been
convicted of:
(i) Any criminal offense
or violation under this chapter or ORS chapter 477, 496, 497, 498, 501, 506,
508, 509 or 511 or any rule adopted pursuant thereto; or
(ii) Any violation of
the wildlife laws which occurred while acting as an outfitter and guide and
which resulted in court-ordered revocation of the hunting or fishing license of
the outfitter and guide;
(B) Have not had an
outfitting and guiding license, permit or certificate revoked, suspended or
canceled by another state or by an agency of the government of the United
States;
(C) Have not been denied
the right to apply for an outfitting and guiding license, permit or certificate
by another state or by an agency of the government of the United States; and
(D) Have not been
convicted of guiding without registration as required by this subsection.
(2) In addition to the
requirements of subsection (1) of this section, a person who acts or offers to
act as an outfitter and guide using boats that are under the direct operation
of an outfitter and guide or an employee of an outfitter and guide to carry
passengers on the waters of this state shall submit proof:
(a) That the outfitter
and guide possesses a valid United States Coast Guard vessel operator license
if operating a motorboat on navigable waters of the United States; and
(b) Of liability
insurance.
(3)(a) A person who
registers as an outfitter and guide and who accepts deposits from clients in
excess of $100 per person shall submit a bond or other financial security in
the amount of $5,000 to the board at the time of registration. The bond or
other financial security shall be held by the board for the benefit of clients
of the outfitter and guide who pay a money deposit to the outfitter and guide
in anticipation of services to be received. The bond or other financial
security amount shall be released to such client or clients conditioned upon a
failure of the outfitter and guide to return the deposit following cancellation
of services or other failure to provide agreed upon services.
(b) The board shall
release or retain all or any portion of a bond or other financial security as
described in paragraph (a) of this subsection according to the provisions of
ORS chapter 183.
(4) Each annual
registration shall be accompanied by a fee as follows:
(a) For resident
persons, $50.
(b) For nonresident
persons who reside in a state that requires residents of the State of Oregon to
pay a license fee, registration fee or other fee or charge in excess of $50 to
act as an outfitter and guide in that state, the same fee or other charge as is
charged the residents of the State of Oregon to act as an outfitter and guide
in the state where the nonresident applicant resides. If the state in which such
a nonresident applicant resides makes distinctions in fees or charges based on
the type of outfitter and guide service performed and requires residents of the
State of Oregon to pay fees or charges accordingly, the board shall make and
apply those same distinctions and require the nonresident applicants to pay the
corresponding fees or charges.
(c) For nonresident
persons other than those referred to in paragraph (b) of this subsection, $50.
(5) Upon the submission
to the board of the appropriate fees prescribed in this section and the
registration information required by this section, the board shall issue to the
applicant a certificate of registration. The board shall also issue to each
registrant proof of compliance with the requirements of this section.
(6) A person who
conducts sightseeing flights or other aircraft operations is exempt from the
provisions of this section unless the activities conducted by the person are
outdoor recreational activities as defined in ORS 704.010.
(7) The board shall issue
an identifying decal to outfitters and guides registering under this section
that may be displayed on vehicles, pack equipment or other suitable locations
where customers can see the registration decal.
(8) A certificate of
registration issued to an outfitter and guide under this section expires on
December 31 of each calendar year or on such date as may be specified by
board rule.
SECTION 56. ORS 726.125 is amended to read:
726.125. (1) Each
pawnbroker shall pay to the Director of the Department of Consumer and Business
Services each year the license fee determined by the director under subsection
(2) of this section.
(2) The director may
charge and collect a license fee from each pawnbroker, according to a license
fee schedule established by the director by rule, for the purpose of defraying
the costs of performing supervision, enforcement and other duties imposed by
law upon the director in respect to pawnbrokers. In setting the license fee
schedule and allocating license fees among pawnbrokers, the director shall take
into consideration the costs of performing the duties of the director relative
to each pawnbroker, the amount of all other moneys paid to the director under
this chapter and the cost of developing and maintaining a reasonable emergency
fund. License fees under this subsection shall be assessed and paid [not later than December 15 of each year or]
upon approval of a new license application, and not later than December 15
or such date as may be specified by the director by rule for renewal of a
license.
(3) In addition to the
license fee collected under subsection (2) of this section, whenever the
director devotes any extra attention to the affairs of a pawnbroker, either
upon determination by the director or upon request of the pawnbroker, the fee
for the extra service shall be the actual cost thereof.
SECTION 57. ORS 837.020 is amended to read:
837.020. (1) In the
interest of public safety and the safety of those people traveling by air or
receiving aviation instruction, every pilot operating within this state shall
register with the Oregon Department of Aviation within 60 days of issuance of
any appropriate effective federal certificate, permit, rating or license
relating to competency as a pilot except that student pilots shall register
prior to their first solo flight. A nonresident pilot of a scheduled or
nonscheduled airline, certificated by the appropriate federal agency, is not
required to register under the provisions of this section unless the
nonresident pilot engages in the piloting of aircraft other than such
certificated operation. Nonresidents operating within this state, other than in
a commercial operation, shall register with the department within 60 days of
the date of arrival within the state. Pilots operating commercially shall
register prior to any commercial operation.
(2) Every registered
pilot shall renew the first registration on the anniversary of the [pilot’s birthdate] first registration
date. After the first renewal, each pilot shall renew registration on the
anniversary of the [pilot’s birthdate]
first registration date in the first year of each two-year period [thereafter] in which the pilot is active
as a pilot.
(3) Every registered
pilot shall notify the department in writing within 30 days of a change of
address or name. The notification shall contain the old and new residence
address or name and the pilot registration number.
SECTION 58. ORS 183.335 is amended to read:
183.335. (1) Prior to the adoption, amendment or repeal of any rule, the
agency shall give notice of its intended action:
(a) In the manner
established by rule adopted by the agency under ORS 183.341 (4), which provides
a reasonable opportunity for interested persons to be notified of the agency’s
proposed action;
(b) In the bulletin
referred to in ORS 183.360 at least 21 days prior to the effective date;
(c) At least 28 days
before the effective date, to persons who have requested notice pursuant to
subsection (8) of this section; and
(d) At least 49 days
before the effective date, to the persons specified in subsection (15) of this
section.
(2)(a) The notice
required by subsection (1) of this section must include:
(A) A caption of not
more than 15 words that reasonably identifies the subject matter of the agency’s
intended action. The agency shall include the caption on each separate notice,
statement, certificate or other similar document related to the intended
action.
(B) An objective, simple
and understandable statement summarizing the subject matter and purpose of the
intended action in sufficient detail to inform a person that the person’s
interests may be affected, and the time, place and manner in which interested
persons may present their views on the intended action.
(b) The agency shall
include with the notice of intended action given under subsection (1) of this
section:
(A) A citation of the
statutory or other legal authority relied upon and bearing upon the
promulgation of the rule;
(B) A citation of the
statute or other law the rule is intended to implement;
(C) A statement of the
need for the rule and a statement of how the rule is intended to meet the need;
(D) A list of the
principal documents, reports or studies, if any, prepared by or relied upon by
the agency in considering the need for and in preparing the rule, and a
statement of the location at which those documents are available for public
inspection. The list may be abbreviated if necessary, and if so abbreviated
there shall be identified the location of a complete list;
(E) A statement of
fiscal impact identifying state agencies, units of local government and the
public which may be economically affected by the adoption, amendment or repeal
of the rule and an estimate of that economic impact on state agencies, units of
local government and the public. In considering the economic effect of the
proposed action on the public, the agency shall utilize available information
to project any significant economic effect of that action on businesses which
shall include a cost of compliance effect on small businesses affected. For an
agency specified in ORS 183.530, the statement of fiscal impact shall also
include a housing cost impact statement as described in ORS 183.534;
(F) If an advisory
committee is not appointed under the provisions of ORS 183.333, an explanation
as to why no advisory committee was used to assist the agency in drafting the
rule; and
(G) A request for public
comment on whether other options should be considered for achieving the rule’s
substantive goals while reducing the negative economic impact of the rule on
business.
(c) The Secretary of
State may omit the information submitted under paragraph (b) of this subsection
from publication in the bulletin referred to in ORS 183.360.
(d) When providing
notice of an intended action under subsection (1)(c)
of this section, the agency shall provide a copy of the rule that the agency
proposes to adopt, amend or repeal, or an explanation of how the person may
acquire a copy of the rule. The copy of an amended rule shall show all changes
to the rule by striking through material to be deleted and underlining all new
material, or by any other method that clearly shows all new and deleted
material.
(e) Notice of an
intended action under subsection (1)(a), (c) and (d)
of this section may be given by regular mail or by electronic mail.
(3)(a) When an agency
proposes to adopt, amend or repeal a rule, it shall give interested persons
reasonable opportunity to submit data or views. Opportunity for oral hearing
shall be granted upon request received from 10 persons or from an association
having not less than 10 members before the earliest date that the rule could
become effective after the giving of notice pursuant to subsection (1) of this
section. An agency holding a hearing upon a request made under this subsection
shall give notice of the hearing at least 21 days before the hearing to the
person who has requested the hearing, to persons who have requested notice
pursuant to subsection (8) of this section and to the persons specified in
subsection (15) of this section. The agency shall publish notice of the hearing
in the bulletin referred to in ORS 183.360 at least 14 days before the hearing.
The agency shall consider fully any written or oral submission.
(b) If an agency is
required to conduct an oral hearing under paragraph (a) of this subsection, and
the rule for which the hearing is to be conducted applies only to a limited
geographical area within this state, or affects only a limited geographical
area within this state, the hearing shall be conducted within the geographical
area at the place most convenient for the majority of the residents within the
geographical area. At least 14 days before a hearing conducted under this
paragraph, the agency shall publish notice of the hearing in the bulletin referred
to in ORS 183.360 and in a newspaper of general circulation published within
the geographical area that is affected by the rule or to which the rule
applies. If a newspaper of general circulation is not published within the
geographical area that is affected by the rule or to which the rule applies,
the publication shall be made in the newspaper of general circulation published
closest to the geographical area.
(c) Notwithstanding
paragraph (a) of this subsection, the Department of Corrections and the State
Board of Parole and Post-Prison Supervision may adopt rules limiting
participation by inmates in the proposed adoption, amendment or repeal of any
rule to written submissions.
(d) If requested by at
least five persons before the earliest date that the rule could become
effective after the agency gives notice pursuant to subsection (1) of this
section, the agency shall provide a statement that identifies the objective of
the rule and a statement of how the agency will subsequently determine whether
the rule is in fact accomplishing that objective.
(e) An agency that
receives data or views concerning proposed rules from interested persons shall
maintain a record of the data or views submitted. The record shall contain:
(A) All written
materials submitted to an agency in response to a notice of intent to adopt,
amend or repeal a rule.
(B) A recording or
summary of oral submissions received at hearings held for the purpose of
receiving those submissions.
(C) Any public comment
received in response to the request made under subsection (2)(b)(G)
of this section and the agency’s response to that comment.
(D) Any statements
provided by the agency under paragraph (d) of this subsection.
(4) Upon request of an
interested person received before the earliest date that the rule could become
effective after the giving of notice pursuant to subsection (1) of this
section, the agency shall postpone the date of its intended action no less than
21 nor more than 90 days in order to allow the requesting person an opportunity
to submit data, views or arguments concerning the proposed action. Nothing in
this subsection shall preclude an agency from adopting a temporary rule
pursuant to subsection (5) of this section.
(5) Notwithstanding
subsections (1) to (4) of this section, an agency may adopt, amend or suspend a
rule without prior notice or hearing or upon any abbreviated notice and hearing
that it finds practicable, if the agency prepares:
(a) A statement of its
findings that its failure to act promptly will result in serious prejudice to
the public interest or the interest of the parties concerned and the specific
reasons for its findings of prejudice;
(b) A citation of the
statutory or other legal authority relied upon and bearing upon the
promulgation of the rule;
(c) A statement of the
need for the rule and a statement of how the rule is intended to meet the need;
(d) A list of the
principal documents, reports or studies, if any, prepared by or relied upon by
the agency in considering the need for and in preparing the rule, and a
statement of the location at which those documents are available for public
inspection; and
(e) For an agency
specified in ORS 183.530, a housing cost impact statement as defined in ORS
183.534.
(6)(a) A rule adopted,
amended or suspended under subsection (5) of this section is temporary and may
be effective for a period of not longer than 180 days. The adoption of a rule
under this subsection does not preclude the subsequent adoption of an identical
rule under subsections (1) to (4) of this section.
(b) A rule temporarily
suspended shall regain effectiveness upon expiration of the temporary period of
suspension unless the rule is repealed under subsections (1) to (4) of this
section.
(7) Notwithstanding
subsections (1) to (4) of this section, an agency may amend a rule without
prior notice or hearing if the amendment is solely for the purpose of:
(a) Changing the name of
an agency by reason of a name change prescribed by law;
(b) Changing the name
of a program, office or division within an agency as long as the change in name
does not have a substantive effect on the functions of the program, office or
division;
[(b)] (c) Correcting spelling;
[(c)] (d) Correcting grammatical
mistakes in a manner that does not alter the scope, application or meaning of
the rule; [or]
[(d)] (e) Correcting statutory references; or
(f) Correcting addresses
or telephone numbers referred to in the rules.
(8) Any person may
request in writing that an agency send to the person copies of its notices of
intended action given pursuant to subsection (1) of this section. The person
must provide a mailing address or electronic mail address. Upon receipt of any
request the agency shall acknowledge the request, establish a mailing list and
maintain a record of all mailings made pursuant to the request. Agencies may
establish procedures for establishing and maintaining the mailing lists current
and, by rule, establish fees necessary to defray the costs of mailings and
maintenance of the lists.
(9) This section does
not apply to rules establishing an effective date for a previously effective
rule or establishing a period during which a provision of a previously
effective rule will apply.
(10) This section does
not apply to ORS 279.835 to 279.855, 279A.140 to 279A.155, 279A.250 to
279A.290, 279A.990, 279B.050 to 279B.085, 279B.200 to 279B.240, 279B.270,
279B.275, 279B.280, 279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385,
279C.500 to 279C.530, 279C.540, 279C.545, 279C.550 to 279C.570, 279C.580,
279C.585, 279C.590, 279C.600 to 279C.625, 279C.650 to 279C.670 and 279C.800 to
279C.870 relating to public contracts and purchasing.
(11)(a) Except as
provided in paragraph (c) of this subsection, a rule is not valid unless
adopted in substantial compliance with the provisions of this section in effect
on the date that the notice required under subsection (1) of this section is
delivered to the Secretary of State for the purpose of publication in the
bulletin referred to in ORS 183.360.
(b) In addition to all
other requirements with which rule adoptions must comply, a rule is not valid
if the rule has not been submitted to the Legislative Counsel in the manner
required by ORS 183.715.
(c) A rule is not
subject to judicial review or other challenge by reason of failing to comply
with subsection (2)(a)(A) of this section.
(12)(a) Notwithstanding
the provisions of subsection (11) of this section, but subject to paragraph (b)
of this subsection, an agency may correct its failure to substantially comply
with the requirements of subsections (2) and (5) of this section in adoption of
a rule by an amended filing, as long as the noncompliance did not substantially
prejudice the interests of persons to be affected by the rule.
(b) An agency may use an
amended filing to correct a failure to include a fiscal impact statement in a
notice of intended action, as required by subsection (2)(b)(E)
of this section, or to correct an inaccurate fiscal impact statement, only if
the agency developed the fiscal impact statement with the assistance of an
advisory committee or fiscal impact advisory committee appointed under ORS
183.333.
(13) Unless otherwise
provided by statute, the adoption, amendment or repeal of a rule by an agency
need not be based upon or supported by an evidentiary record.
(14) When an agency has
established a deadline for comment on a proposed rule under the provisions of
subsection (3)(a) of this section, the agency may not
extend that deadline for another agency or person unless the extension applies
equally to all interested agencies and persons. An agency shall not consider
any submission made by another agency after the final deadline has passed.
(15) The notices
required under subsections (1) and (3) of this section must be given by the
agency to the following persons:
(a) If the proposed
adoption, amendment or repeal results from legislation that was passed within
two years before notice is given under subsection (1) of this section, notice
shall be given to the legislator who introduced the bill that subsequently was
enacted into law, and to the chair or cochairs of all committees that reported
the bill out, except for those committees whose sole action on the bill was
referral to another committee.
(b) If the proposed
adoption, amendment or repeal does not result from legislation that was passed
within two years before notice is given under subsection (1) of this section,
notice shall be given to the chair or cochairs of any interim or session
committee with authority over the subject matter of the rule.
(c) If notice cannot be
given under paragraph (a) or (b) of this subsection, notice shall be given to
the Speaker of the House of Representatives and to the President of the Senate
who are in office on the date the notice is given.
(16)(a) Upon the request
of a member of the Legislative Assembly or of a person who would be affected by
a proposed adoption, amendment or repeal, the committees receiving notice under
subsection (15) of this section shall review the proposed adoption, amendment
or repeal for compliance with the legislation from which the proposed adoption,
amendment or repeal results.
(b) The committees shall
submit their comments on the proposed adoption, amendment or repeal to the
agency proposing the adoption, amendment or repeal.
SECTION 59. Section 1, chapter 73, Oregon Laws 2005, is
amended to read:
Sec.
1. (1) The Department of Consumer and Business Services may
establish one or more combined license processing [pilot projects] programs. Participation in a combined
license processing [pilot project]
program by a state agency is voluntary. Notwithstanding any other provision
of law, agencies participating in a combined license processing [pilot project] program may:
(a) Use combined license
applications;
(b) Adopt standardized
license terms under subsection (2) of this section;
(c) Charge adjusted
license fees established under subsection (2) of this section;
(d) Issue combined
license documents; and
(e) Take any other
action authorized under rules adopted pursuant to subsection [(4)] (3) of this section that
provides a simplified procedure for processing licenses issued pursuant to the
[pilot project] program.
(2) Notwithstanding any
other provision of law, the Department of Consumer and Business Services may
establish a standardized term for licenses of state agencies participating in a
combined license processing [pilot
project] program. If the department establishes a standardized term
under the provisions of this subsection, the agencies participating in the [project] program shall adjust the
fees established by statute for each license in an appropriate manner to ensure
that there is no revenue loss by reason of the change in the term of the
license.
[(3) As soon as possible after the effective date of this 2005 Act, the
Department of Consumer and Business Services shall prepare a proposal for
combined license processing pilot projects for the Oregon Liquor Control
Commission, the Department of Environmental Quality and the State Department of
Agriculture. The proposal shall specify the manner in which those agencies may
offer combined license processing for retail establishments that are licensed
by one or more of those agencies.]
[(4)] (3) The Department of Consumer and Business Services
may adopt rules necessary for implementation of combined license processing [pilot projects] programs. Any
agency participating in a combined license processing [pilot project] program may:
(a) Agree to be bound by
the rules adopted by the Department of Consumer and Business Services; and
(b) Adopt any other
rules necessary for participation in a combined license processing [pilot project] program.
SECTION 60. Sections 2 and 3, chapter 73,
SECTION 61. If an agency of the executive department,
as defined in ORS 174.112, enters into a contract with a county or other public
body, as defined in ORS 174.109, for the purpose of issuing licenses on behalf
of the agency, the agency, by rule, shall provide that payment for the licenses
be made directly to the agency if:
(1) The agency has
implemented a functioning licensing software system that is approved by the
(2) The agency pays to
the county or other public body the same amounts under the contract that the
county or other public body would have received if the county or other public
body had collected the license fees.
SECTION 62. ORS 835.106 is amended to read:
835.106. (1) The
Governor shall appoint the Director of the Oregon Department of Aviation,
subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565, who
holds office at the pleasure of the Governor.
[(2) The Governor may not appoint a person as director unless the person
has experience in airport operations or management.]
[(3)] (2) Subject to policy direction by the State Aviation
Board, the director shall:
(a) Be the
administrative head of the department;
(b) Have power, within
applicable budgetary limitations, and in accordance with ORS chapter 240, to
hire, assign, reassign and coordinate personnel of the department and prescribe
their duties and fix their compensation, subject to the State Personnel
Relations Law;
(c) Administer the laws
of the state concerning aviation; and
(d) Intervene, as
authorized by the board, pursuant to the rules of practice and procedure, in
the proceedings of state and federal agencies that may substantially affect the
interests of the consumers and providers of aviation services within
[(4)] (3) In addition to duties otherwise required by law,
the director shall prescribe regulations for the government of the department,
the conduct of its employees, the assignment and performance of its business
and the custody, use and preservation of its records, papers and property in a
manner consistent with applicable law.
[(5)] (4) The director may delegate to any of the employees
of the department the exercise or discharge in the director’s name of any duty,
function or power of whatever character, vested in or imposed by law upon the
director, including duties, functions or powers delegated to the director by
the board. The official act of any person acting in the director’s name and by
the authority of the director shall be considered to be an official act of the
director.
[(6)] (5) The director shall have authority to require a
fidelity bond of any officer or employee of the department who has charge of,
handles or has access to any state money or property, and who is not otherwise
required by law to give a bond. The amounts of the bonds shall be fixed by the
director, except as otherwise provided by law, and the sureties shall be
approved by the director. The department shall pay the premiums on the bonds.
[(7)] (6) The director shall prepare and submit to the board
on or about December 31 of each year an annual report for the 12 months ending
the prior June 30. The annual report shall set forth all that the department
has done during the year. The report shall contain a statement of the parts of
the state aviation system that were constructed, reconstructed or improved
during the period, together with a statement showing in a general way the
status of the state aviation system.
SECTION 63. ORS 776.105 is amended to read:
776.105. (1) The Oregon
Board of Maritime Pilots is established within the [Department of Transportation] Public Utility Commission of
Oregon, and shall consist of nine members appointed by the Governor for
terms of four years. The appointments of members of the board are subject to
confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(2) Three members of the
board shall be public members, one of whom shall act as chairperson of the
board. The public members of the board may not:
(a) During the preceding
five years or during their terms of office, have any interest in the ownership,
operation or management of any tugs, cargo or passenger vessels or in the
carriage of freight or passengers by vessel;
(b) During the preceding
five years or during their terms of office, have any interest in any
association or organization represented under subsection (4) of this section or
principally comprised of persons engaged in commercial pursuits in the maritime
industry as described in paragraph (a) of this subsection in any capacity; or
(c) Hold or have held a
maritime pilot license issued by any state or federal authority.
(3) Three members shall
be licensees under this chapter. One member shall be a Columbia River bar
licensee, one member shall be a Columbia River licensee and one member shall be
a
(a) Have been licensed
for more than three years under this chapter;
(b) Be actively engaged
in piloting; and
(c) Be a resident of
this state.
(4) Except as provided
in subsection (5) of this section, three members of the board shall, for at
least three years immediately preceding their appointment, have been and during
their terms of office be engaged in the activities of a person, as defined in
ORS 174.100, that operates or represents commercial oceangoing vessels.
(5) The Governor may
appoint a past or present employee or commissioner of a port to serve on the
board in lieu of one of the operators or representatives of a commercial
oceangoing vessel under subsection (4) of this section.
(6)(a) The majority of
members shall constitute a quorum for the transaction of all business if at
least one member of each group, as described in subsections (2), (3) and (4) of
this section, is present.
(b) Notwithstanding
paragraph (a) of this subsection, when the board fixes pilotage fees under ORS
776.115 (5) a quorum shall consist of seven members.
(c) Notwithstanding
paragraph (a) of this subsection, for purposes of ORS 192.610 to 192.690 a
quorum shall consist of five members.
(7) The [Director of Transportation, or a designated
representative, shall serve as an] commission may appoint a member of
the commission, or a designee, as a nonvoting, ex officio member of the
board [but without the right to vote].
(8)(a) The commission
is responsible for the administrative oversight of the board. The
responsibilities of the commission include, but are not limited to:
(A) Budgeting;
(B) Financial
management;
(C) Record keeping;
(D) Staffing;
(E) Purchasing and
contracting;
(F) Collecting fees; and
(G) Compliance with
rulemaking procedures set forth in ORS chapter 183.
(b) In consultation with
the board, the commission shall:
(A) Fix the
qualifications of and appoint an administrative officer for the board; and
(B) Subject to the State
Personnel Relations Law, fix the compensation of the administrative officer.
SECTION 64. ORS 184.615 is amended to read:
184.615. (1) The
Department of Transportation is established.
(2) The Department of
Transportation shall consist of the Director of Transportation and all
personnel employed in the department. Except as otherwise provided in
subsections (4) and (5) of this section, for purposes of administration,
subject to the approval of the Oregon Transportation Commission, the director
may organize and reorganize the department as the director considers necessary
to properly conduct the work of the department.
(3) The department shall
carry out policies adopted by the commission and all duties and
responsibilities vested in it by law including, but not necessarily limited to,
duties and responsibilities concerning drivers and motor vehicles, highways,
motor carriers, public transit, rail[,]
and transportation safety [and the
Oregon Board of Maritime Pilots].
(4) The director shall
appoint an administrator for each area of critical concern to the department.
The administrator shall be responsible for planning and operations in that
area, for relationships between the department and persons affected by the
operations of the area, for advocacy of the area within the department planning
and operations processes and for such other duties as may be provided by law.
For purposes of this subsection, “area of critical concern” includes, but is
not necessarily limited to, driver and motor vehicle services, highways, motor
carriers, public transit, rail[,]
and transportation safety [and
maritime pilotage]. In appointing administrators under this subsection, the
director shall consider recommendations of any advisory committee interested in
the area of responsibility. Administrators appointed under this subsection are
in the unclassified service for purposes of the State Personnel Relations Law.
(5) Whenever a duty or
function is specifically given by statute to the director, and that duty or
function involves day-to-day operations of an area of critical concern to the
department, the director shall delegate the duty or function to the
administrator of the area of critical concern.
SECTION 65. ORS 184.651 is amended to read:
184.651. The Department
of Transportation shall develop, operate and maintain a full cost accounting
system that accurately and separately accounts for all direct, indirect and
administrative costs incurred by each of the following units of the department:
[(1)
[(2)] (1) Central services.
[(3)] (2) Driver and motor vehicle
services.
[(4)] (3) Highways.
[(5)] (4) Motor carriers.
[(6)] (5) Rail.
[(7)] (6) Transit.
[(8)] (7) Transportation
development.
[(9)] (8) Transportation safety.
SECTION 66. ORS 670.304 is amended to read:
670.304. Except as
otherwise specifically provided, ORS 670.300 to 670.380 apply to the following
professional licensing and advisory boards:
(1) Professional
licensing and advisory boards established in the Office of the Secretary of
State.
(2) The
(3) The Board of
Cosmetology, in the
(4) The State Board of
Architect Examiners.
(5) The State Landscape
Contractors Board.
(6) The State Board of
Examiners for Engineering and Land Surveying.
(7) State Landscape
Architect Board.
(8) State Board of
Geologist Examiners.
(9) State Board of Tax
Practitioners.
(10)
(11) The Construction
Contractors Board.
SECTION 67. ORS 670.306 is amended to read:
670.306. (1) Subsections
(2) and (3) of this section shall apply only to the following professional
licensing boards:
(a) State Board of
Architect Examiners.
(b) Construction
Contractors Board.
(c) State Board of
Examiners for Engineering and Land Surveying.
(d) State Landscape
Architect Board.
(e) State Landscape
Contractors Board.
(f)
[(g)
[(h)] (g) State Board of Tax Practitioners.
(2) A board shall fix
the qualifications of and appoint an administrative officer. The determination
of qualifications and appointment of an administrative officer shall be made
after consultation[:]
[(a) In the case of a board referred to in subsection (1)(a), (b), (c),
(d), (e), (f) or (h) of this section,] with the Governor.
[(b) In the case of the
(3) An administrative
officer of a board shall not be a member of that board.
(4) Subject to the
applicable rules of the State Personnel Relations Law, the board shall fix the
compensation of its administrator, who shall be in the unclassified service.
(5) Subject to
applicable rules of the State Personnel Relations Law, the administrative
officer shall appoint all subordinate employees, prescribe their duties and fix
their compensation.
SECTION 68. ORS 776.365 is amended to read:
776.365. [The money received under this chapter shall
be paid into the State Treasury and placed to the credit of the General Fund in
the Pilot Account which account hereby is established. Such moneys hereby are
appropriated continuously and shall be used only for the administration and
enforcement of this chapter. The Oregon Department of Administrative Services
shall draw warrants for all claims approved by the
SECTION 69. The
SECTION 70. (1) The Director of Transportation shall:
(a) Deliver to the
Public Utility Commission of
(b)
Transfer to the Public Utility Commission of
(2) The Public Utility
Commission of Oregon shall take possession of the records and property, and
shall take charge of the employees and employ them in the exercise of the
duties, functions and powers of the Oregon Board of Maritime Pilots, without
reduction of compensation but subject to change or termination of employment as
provided by law.
(3) The Governor shall
resolve any dispute between the Department of Transportation and the Public
Utility Commission of
SECTION 71. (1) The unexpended balances of amounts
authorized to be expended by the Department of Transportation for the biennium
beginning July 1, 2005, from revenues dedicated, continuously appropriated,
appropriated or otherwise made available for the purpose of administering and
enforcing the duties, functions and powers of the Oregon Board of Maritime
Pilots are transferred to and are available for expenditure by the Public
Utility Commission of Oregon for the biennium beginning July 1, 2005, for the
purpose of funding the expenses of the Oregon Board of Maritime Pilots.
(2) The expenditure
classifications, if any, established by Acts authorizing or limiting
expenditures by the Department of Transportation for the Oregon Board of
Maritime Pilots remain applicable to expenditures by the Public Utility
Commission of Oregon under this section.
SECTION 72. The transfer of the Oregon Board of
Maritime Pilots to the Public Utility Commission of Oregon by section 69 of
this 2007 Act does not affect any action, proceeding or prosecution involving
or with respect to such duties, functions and powers begun before and pending
at the time of the transfer, except that the Public Utility Commission of
Oregon is substituted for the Department of Transportation in the action,
proceeding or prosecution.
SECTION 73. (1) Nothing in sections 69 to 73 of this
2007 Act relieves a person of a liability, duty or obligation accruing under or
with respect to the duties, functions and powers of the
(2) The rights and
obligations of the Department of Transportation legally incurred under
contracts, leases and business transactions executed, entered into or begun
before the operative date of section 69 of this 2007 Act accruing under or with
respect to the duties, functions and powers of the Oregon Board of Maritime
Pilots are transferred to the Public Utility Commission of Oregon. For the
purpose of succession to these rights and obligations, the Public Utility
Commission of
SECTION 74. (1) Sections 69 to 73 of this 2007 Act and
the amendments to ORS 184.615, 184.651, 670.304, 670.306, 776.105 and 776.365
by sections 63 to 68 of this 2007 Act become operative July 1, 2007.
(2) Section 61 of this
2007 Act, the amendments to ORS 183.335, 183.705, 435.050, 438.130, 460.065,
508.470, 508.781, 508.807, 508.892, 508.947, 537.747, 571.075, 571.535,
585.040, 586.270, 601.030, 601.080, 603.025, 604.620, 616.706, 618.146,
619.031, 621.166, 621.266, 621.335, 622.050, 624.020, 628.230, 632.715,
632.730, 633.015, 633.029, 633.318, 633.700, 634.112, 635.030, 675.290,
678.760, 681.320, 682.047, 682.216, 685.100, 686.420, 688.650, 689.275,
691.465, 692.160, 696.530, 704.020, 726.125, 835.106 and 837.020 and section 1,
chapter 73, Oregon Laws 2005, by sections 1 to 59 and 62 of this 2007 Act and
the repeal of sections 2 and 3, chapter 73, Oregon Laws 2005, by section 60 of
this 2007 Act become operative on January 1, 2008.
SECTION 75. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 16, 2007
Filed in the office of Secretary of State July 17, 2007
Effective date July 16, 2007
__________