OAR 845-005-0450: Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party

(1) ORS 471.292(2)(b) and (c) allow the Commission to issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt licensed business, the personal representative of a deceased licensee, or a person holding a security interest in the business. The purpose of this authority is to provide for the operation of the licensed business for a reasonable period of time to allow orderly disposition of the business. (a) The trustee, receiver or personal representative must provide the Commission with the following information: (A) Proof that the person is the legal trustee, receiver or personal representative for the business; and (B) A written request for authority to operate as a trustee, receiver or personal representative, listing the address and telephone number of the trustee, receiver or personal representative. (b) The secured party must provide the Commission with the following information: (A) Proof of a security interest in the licensed business; (B) Proof of the licensee’s default on the secured debt; (C) Proof of legal access to the real property; and (D) A written request for authority to operate as a secured party listing the secured party’s address and telephone number. (2) The Commission may revoke or refuse to issue or extend authority for the trustee, receiver, personal representative, or secured party to operate: (a) If the trustee, receiver, personal representative or secured party does not propose to operate the business immediately or does not begin to operate the business immediately upon receiving the temporary authority; (b) For any of the reasons that the Commission may revoke or refuse to issue or renew a license; (c) If the trustee, receiver, personal representative or secured party operates the business in violation of ORS Chapter 471 or OAR chapter 845; or (d) If a reasonable time for disposition of the business has elapsed. (3) No person or entity described in section (1) of this rule may operate the business until a certificate of authority has been issued under this rule, except that the personal representative of a deceased licensee may operate the business for up to 30 days after the death provided that the personal representative submits the information required in section (1)(a) and obtains a certificate of authority within that time period. (4) A certificate of authority under this rule may be issued at the Commission's discretion for a minimum duration of 60 days and may be extended as reasonably necessary to allow for the disposition of the business.