74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 580
House Bill 2243
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services and
Office of Regulatory Streamlining of Department of Consumer and
Business Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Removes discretion of applicant for renewal of license to
choose between normal license term and extended term offered by
agency.
Modifies expiration date for certain licenses, permits and
certificates to allow agency to establish different expiration
date by rule.
A BILL FOR AN ACT
Relating to agencies; amending ORS 183.705, 377.730, 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 and 837.020.
Be It Enacted by the People of the State of Oregon:
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.
SECTION 2. ORS 377.730 is amended to read:
377.730. (1) A person shall not engage in the business of
erecting or maintaining outdoor advertising signs for other
persons without first obtaining an annual license therefor from
the Director of Transportation and paying the annual license fee
established by the Department of Transportation by rule as
provided in ORS 377.729.
(2) An application for a license or renewal thereof shall be
made on a form furnished by the director, shall contain such
pertinent information as the director may require and shall be
accompanied by the applicable annual fee. A license granted under
this section expires on June 30 of each year { + or on such date
as may be specified by department rule + }. The fee shall not be
prorated. The director shall by certified mail send to each
licensee a notice of expiration of license and a renewal
application form not less than 30 days before the date of
expiration.
(3) If the director finds that an applicant has knowingly
provided materially false or misleading information in the
application or that a licensee has violated any of the provisions
of ORS 377.700 to 377.840, the director may revoke, suspend for a
period of up to one year or refuse to renew the license unless a
corrected application is filed or the violation ceases, within 30
days after written notice to do so is mailed to the applicant or
licensee. During the suspension of a license, the licensee may
continue in business, but shall not erect or reconstruct any sign
requiring a permit under ORS 377.700 to 377.840.
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 Oregon during the prior calendar year or, if
the establishment maintains sales and service records on a fiscal
basis, the prior fiscal year. If the establishment applying for
an original license or for a renewal license cannot provide the
annual gross dollar volume of sales and services for a full
calendar year, the department shall base the fee on estimated
annual gross sales and services by the establishment. If an
establishment whose previous year's fee was determined using an
estimated gross sales and services figure applies for renewal of
that license, the fee for the previous license year shall be
adjusted to reflect the actual annual gross dollar volume of
sales and services by the establishment.
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 Oregon during the prior calendar year or, if
the establishment maintains sales and service records on a fiscal
basis, the prior fiscal year. If the establishment applying for
an original license or for a renewal license cannot provide the
annual gross dollar volume of sales and services for a full
calendar year, the department shall base the fee on estimated
annual gross sales and services by the establishment. If an
establishment whose previous year's fee was determined using an
estimated gross sales and services figure applies for renewal of
that license, the fee for the previous license year shall be
adjusted to reflect the actual annual gross dollar volume of
sales and services by the establishment.
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
Oregon during the prior calendar year or, if the applicant
maintains sales records on a fiscal basis, the prior fiscal year.
If the applicant applying for an original license or for a
renewal license cannot provide the annual gross dollar volume of
sales of covered operations for a full calendar year, the
department shall base the fee on estimated annual gross sales of
covered operations by the applicant. If an applicant whose
previous year's fee was determined using an estimated gross sales
of covered operations figure applies for renewal of that license,
the fee for the previous license year shall be adjusted to
reflect the actual gross dollar volume of sales of covered
operations by the applicant.
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
Oregon during the prior calendar year or, if the applicant
maintains sales records on a fiscal basis, the prior fiscal year.
If the applicant applying for an original license or for a
renewal license cannot provide the annual gross dollar volume of
sales of covered operations for a full calendar year, the
department shall base the fee on estimated annual gross sales of
covered operations by the applicant. If an applicant whose
previous year's fee was determined using an estimated gross sales
of covered operations figure applies for renewal of that license,
the fee for the previous license year shall be adjusted to
reflect the actual gross dollar volume of sales of covered
operations by the applicant.
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 Oregon
during the prior calendar year or, if the applicant maintains
sales and service records on a fiscal basis, the prior fiscal
year. If the applicant applying for an original license or for a
renewal license cannot provide the annual gross dollar volume of
sales and services for a full calendar year, the department shall
base the fee on estimated annual gross sales and services by the
applicant. If an applicant whose previous year's fee was
determined using an estimated gross sales and services figure
applies for renewal of that license, the fee for the previous
license year shall be adjusted to reflect the actual gross dollar
volume of sales and services by 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 + }.
(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 Oregon
during the prior calendar year or, if the applicant maintains
sales and service records on a fiscal basis, the prior fiscal
year. If the applicant applying for an original license or for a
renewal license cannot provide the annual gross dollar volume of
sales and services for a full calendar year, the department shall
base the fee on estimated annual gross sales and services by the
applicant. If an applicant whose previous year's fee was
determined using an estimated gross sales and services figure
applies for renewal of that license, the fee for the previous
license year shall be adjusted to reflect the actual gross dollar
volume of sales and services by 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 + }.
(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 Oregon
during the prior calendar year or, if the applicant maintains
sales and service records on a fiscal basis, the prior fiscal
year. If the applicant applying for an original license or for a
renewal license cannot provide the annual gross dollar volume of
sales or services for a full calendar year, the department shall
base the fee on estimated annual gross sales and services by the
applicant. If an applicant whose previous year's fee was
determined using an estimated gross sales and services figure
applies for renewal of that license, the fee for the previous
license year shall be adjusted to reflect the actual gross dollar
volume of sales and services by the applicant. { - The license
shall expire on June 30 next following the date of issuance. - }
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 Oregon
during the prior calendar year or, if the applicant maintains
sales and service records on a fiscal basis, the prior fiscal
year. If the applicant applying for an original license or for a
renewal license cannot provide the annual gross dollar volume of
sales or services for a full calendar year, the department shall
base the fee on estimated annual gross sales and services by the
applicant. If an applicant whose previous year's fee was
determined using an estimated gross sales and services figure
applies for renewal of that license, the fee for the previous
license year shall be adjusted to reflect the actual gross dollar
volume of sales and services by the applicant. { - The license
shall expire on June 30 next following the date of issuance. - }
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 Oregon during the prior calendar year
or, if the manufacturer maintains sales records on a fiscal
basis, the prior fiscal year. If the manufacturer applying for an
original license or for a renewal license cannot provide the
annual gross sales for a full calendar year, the department shall
base the fee on estimated annual gross sales by the manufacturer.
If a manufacturer whose previous year's fee was determined using
an estimated gross sales figure applies for renewal of that
license, the fee for the previous license year shall be adjusted
to reflect the actual gross sales by the manufacturer.
(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 Oregon during the prior calendar year
or, if the manufacturer maintains sales records on a fiscal
basis, the prior fiscal year. If the manufacturer applying for an
original license or for a renewal license cannot provide the
annual gross sales for a full calendar year, the department shall
base the fee on estimated annual gross sales by the manufacturer.
If a manufacturer whose previous year's fee was determined using
an estimated gross sales figure applies for renewal of that
license, the fee for the previous license year shall be adjusted
to reflect the actual gross sales by the manufacturer.
(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
department 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 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 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 United
States.
(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.
----------