OAR 845-004-0065: Communications Between the Commission and Applicants, Certificate Holders, Licensees, Permittees, or Providers

(1) For the purposes of this rule: (a) “Applicant” means a person who has applied with the Commission to become a certificate holder, licensee, permittee, or registrant. (b) “Certificate holder” means a person who holds a certificate issued under ORS 471.244, 471.251, 471.521 to 471.534, 475C.289, or 571.336. (c) “Licensee” means any person who holds a license issued under ORS 471.175 to 471.242, 475C.065, 475C.085, 475C.093, 475C.097, or 475C.548. (d) “Permittee” means a person who holds an alcohol service permit under ORS 471.360 to 471.385 or a marijuana worker permit under ORS 475C.273. (e) “Person” has the meaning given that term in ORS 174.100. (f) “Provider” means a person who provides alcohol server education certified by the Commission as described in ORS 471.542. (2) Correspondence. (a) The Commission sends all correspondence that is required to be sent by certified mail to the mailing address recorded for the applicant, certificate holder, licensee, permittee, or provider in the online platform maintained by the Commission. An applicant, certificate holder, licensee, permittee, or provider, including officers, directors, shareholders, and partners, who wants to receive suspension, cancellation, nonrenewal, and contested case hearing notices at a different address must notify the Commission in writing. (b) The Commission sends all other correspondence to the e-mail address recorded for the applicant, certificate holder, licensee, permittee, or provider in the online platform maintained by the Commission. (3) Each applicant, certificate holder, licensee, permittee, or provider is responsible for updating or notifying the Commission of any change in an address or e-mail address specified in section (2) of this rule through the online platform maintained by the Commission. (4) When the Commission gives notice by mail, according to ORS Chapter 183 and as specified in section (2)(a) of this rule, the applicant, certificate holder, licensee, permittee, or provider has received proper notice even when the applicant, permittee, provider or licensee fails to claim this mail. (5) A licensee or applicant is responsible for controlling and maintaining access to the online platform maintained by the Commission. (a) Account management. (A) At all times at least one natural person who is a licensee or applicant, or is a licensee designee as described in paragraph (B) of this subsection, must have a user account associated with the legal entity that is the licensee of record or is an applicant to become a licensee of record. (B) A licensee or applicant may designate an individual who is authorized by the applicant or licensee to exercise control or responsibility over all applications, licenses, and communications with the Commission as the “licensee designee.” (b) The holder of any user account associated with the legal entity is authorized to make, request, or submit changes, amendments, or information related to any application or license. If a holder of a user account associated with the legal entity is no longer authorized to make, request, or submit changes, amendments, or information related to any application or license, it is the applicant’s or licensee’s responsibility to remove that person’s association with the legal entity in the online platform maintained by the Commission. (c) If a licensee or applicant designates an individual who is authorized by the applicant or licensee to exercise control or responsibility over some, but not all, applications, licenses, and communications with the Commission, this individual: (A) Must have a user account designated as an authorized representative for each license or application over which they have authority to exercise control. (B) Must not have a user account associated with the legal entity that is the licensee of record. (d) Notwithstanding subsection (b) of this section, the Commission may at its discretion require certain actions be taken by a licensee or applicant. (A) The Commission will regard any communication from the holder of such a user account as representing the intent of the licensee or applicant. (B) If the holder of such a user account is no longer authorized to act on behalf of the licensee or applicant, the licensee or applicant is responsible for immediately discontinuing the association between the user account and the legal entity.