OAR 837-020-0105: License Denials, Revocations, Suspensions; and Appeals

(1) The State Fire Marshal may deny, revoke, or suspend a Nonretail Facility license if the owner or operator: (a) Fails to comply with OAR 837-020-0040, or any other rule, pertaining to nonretail fuel dispensing, adopted by the State Fire Marshal; or (b) Falsifies any information in the application for the license. (2) The option of denial, revocation or suspension may be based on the following: (a) The number of similar or related violations alleged to have been committed in the current license cycle; (b) Whether the violation or violations were willful or intentional; (c) The prior history of violations committed by the owner or operator; or (d) Other circumstances determined by the State Fire Marshal to be applicable to the particular violation or violations. (3) Suspension or revocation of a license may include suspension or revocation of the current license and the right to apply for a subsequent license. (4) Where the State Fire Marshal has alleged a self-service violation at a Retail Facility or Nonretail Facility the burden of proof to show the purchase was in compliance with the requirements of ORS 480.310 through 480.385 and OAR chapter 837, division 20 shifts from the state to the owner or operator once the state establishes and provides the owner or operator with the following information: (a) The date and time of the alleged violation; (b) The facility location, including the pump number where the alleged violation occurred; (c) The vehicle description and license number; and (d) A description of the individual dispensing the Class 1 Flammable Liquids. (5) Any owner or operator who applies for a license required by OAR 837-020-0085, and whose application is denied, is entitled to file an appeal. Appeals are conducted as contested case proceedings pursuant to ORS 183.413 to 183.470. (6) Before suspending, revoking or terminating a license issued under OAR 837-020-0085, the State Fire Marshal will give prior notice to the licensee and offer a hearing. If requested, such hearings are conducted as contested case proceedings pursuant to ORS 183.413 to 183.470. (7) Where the State Fire Marshal proposes to assess a civil penalty under ORS 480.385 and OAR 837-020-0125, appropriate notice of appeal rights will be given under ORS 480.385. (8) Judicial review of a final order made after a hearing requested under section (1) or (2) of this rule will be as provided in ORS 183.480 to 183.497 for judicial review of contested cases. (9) Nothing in this Section may prevent the State Fire Marshal from closing a nonretail facility under ORS 479.170, provided that the accelerated appeals process explained in ORS 479.180 is observed. (10) Where a nonretail customer account list has been submitted to the State Fire Marshal during enforcement or appeal proceedings, the State Fire Marshal will treat the list as confidential to the extent allowed by law.