OAR 837-085-0130: Administrative Action on Exemption Application

(1) After an exemption request is determined to be complete and procedurally adequate, as provided in OAR 837-085-0120(2), the State Fire Marshal shall review the request. (2) The State Fire Marshal may conduct an on-site review of the facility involved in the requested exemption. (3) An application for an exemption shall be granted only if the applicant demonstrates and the State Fire Marshal determines that the exemption requested is consistent with all applicable ORSs and OARs. (4) An exemption, if granted, will not be the basis for amending or withdrawing a previously submitted report, Notice of Noncompliance and Proposed/Final Penalty Assessment Order, or hazardous substance fee not under contest. (5) If an exemption is granted, written notification shall be given to the employer, owner or operator specifying the terms of the exemption. (6) Affected applicants may appeal the decision on an exemption application in accordance with OAR 837-085-0330. (7) If an exemption is denied, a written notice of denial shall be issued to the requesting employer, owner or operator. The notice will: (a) Give reasons for the denial; (b) Notify the applicant of their appeal rights.