OAR 603-001-0175: Procedure for Assessing Penalties for Delinquent License Renewals

(1) As used in this rule a license fee means a fee for a license, certificate of sanitation, permit or registration that is established for a fixed term and is subject to renewal. (2) As provided in ORS 561.300 the department shall collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th day after the license expiration date. The license fees required by the following laws under the jurisdiction of the department are subject to a delinquent renewal penalty: (a) Section 3, Chapter 584, Oregon Laws 1991 (preceding ORS 561.005) (veterinary medicine registrations); (b) ORS 468B.215, 561.175 (confined animal feeding operations); (c) ORS 571.055, 571.057, 571.075 (growers and dealers of nursery stock); (d) ORS 571.525–571.535 (Christmas tree growers); (e) ORS 585.020, 585.040–585.050 (produce dealers, peddlers and cash buyers); (f) ORS 586.270, 586.280 (grain warehouses); (g) ORS 599.215–599.245 (livestock auction markets); (h) ORS 600.020, 600.030 (feeding garbage to swine); (i) ORS 601.030, 601.040, 601.080, 601.100 (transporting, rendering and disposing of dead animals); (j) ORS 603.025 (meat sellers and slaughterers); (k) ORS 604.620 (livestock feed lots); (l) ORS 616.706 (food retailers and processors, food warehouses); (m) ORS 618.121, 618.136–618.146 (scales and metering devices); (n) ORS 619.031 (animal food processors); (o) ORS 621.070, 621.072, 621.161, 621.166, 621.266, (dairy producers, distributors, samplers, graders, haulers and pasteurizers, and dairy products plants); (p) ORS 621.335 (manufacturers of frozen desserts); (q) ORS 622.020, 622.080, 622.220, 622.290 (shellfish growers, harvesters, distributors and shucker-packers, oyster plat fees); (r) ORS 625.020, 625.050, 625.080, 625.110, 625.180 (bakeries and bakery distributors); (s) ORS 628.220–628.240 (refrigerated locker plants); (t) ORS 632.715–632.730 (commercial egg breakers and handlers); (u) ORS 633.700 (seed dealers); (v) ORS 635.027, 635.030 (manufacturers of nonalcoholic beverages). (3) The department shall collect a delinquent renewal penalty for each license listed in section (2) of this rule according to the following schedule: (a) For each license fee of $100 or less, $30 or the amount of each fee, whichever amount is less; and (b) For each license fee greater than $100, 30 percent of the amount of each fee or $750, whichever amount is less. (4) The department will send a notice to all licensees who fail to renew their license by the 30th day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th day after the license expires. (5) The department will send a notice to all licensees who have failed to renew their license by the 60th day after the license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed. (6) The department will waive the delinquent renewal penalty if: (a) The licensee’s failure to renew the license prior to the 60th day was caused entirely or in part by a department error or omission; or (b) The licensee notifies the department in writing prior to the 60th day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty. (7) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license.