OAR 845-009-0020: Service Permit Denial and Cancellation Criteria

(1) Under ORS 471.380 and 471.385, the Commission may deny or cancel a service permit and/or cancel a temporary service permit if the applicant or permittee violates certain laws, uses alcohol or controlled substances to excess or has a poor record of compliance. This rule describes how the Commission applies these statutory provisions. (2) Permit Cancellation. The Commission will cancel a service permit or a temporary service permit if, on the date it sends the Notice of Proposed Cancellation, the Commission would have a valid basis to deny a service permit application submitted by the same permittee. (3) Felony Convictions. (a) Definitions. As used in this rule: (A) A “felony drug conviction” means a felony conviction for possession, manufacture, delivery or distribution of a controlled substance, or any other drug-related felony as described in ORS 475 or similar laws in other jurisdictions. (B) A “felony violent crimes conviction” means a felony conviction for a crime which causes, attempts to cause, or threatens to cause physical injury or harm to another person irrespective of the jurisdiction. (b) The Commission will deny a service permit if the applicant has one felony conviction of the types listed above and the incident leading to this conviction occurred within two years of the date the Commission received the application or the applicant has two or more felony convictions of the types listed above and at least two of the incidents leading to these convictions occurred within four years of the date the Commission received the application. (4) Liquor Law Convictions. (a) Definitions. As used in this rule, “liquor law conviction” means a misdemeanor or felony conviction for violation of any Oregon law regulating alcohol. Examples of such laws include, but are not limited to: DUII; Providing Alcohol to a Visibly Intoxicated Person; and Sale of Alcohol to a Minor. (b) The Commission will deny a service permit if the applicant has had two or more liquor law convictions, or one conviction and one diversion, and at least two of the incidents leading to these convictions or diversions occurred within four years of the date the Commission received the application. (5) The Commission will deny a service permit if the applicant has had a combination of four or more felony or liquor law convictions or diversions of the types described in this rule and at least four of the incidents leading to these convictions or diversions occurred within ten years of the date the Commission received the application and at least one of the incidents leading to these convictions or diversions occurred within 2 years of the date the Commission received the application. (6) Poor Record of Compliance. The Commission will deny a service permit if the applicant has had a liquor license or a service permit canceled for a violation of ORS chapter 471 or any rule of the Commission except those set forth in sections (3), (4) or (5) of this rule within two years of the date the Commission received the application, (7) Applicability. The denial bases set forth in sections (3), (4) and (5) of this rule do not apply if the applicant or permittee demonstrates that all of the following circumstances exist: (a) The applicant or permittee provides written proof that a medical professional diagnosed the applicant with a drug or alcohol addiction prior to, or as a result of, the incident(s) leading to at least one of the relevant convictions or diversions; (b) The applicant or permittee provides a sworn statement that he or she has not used or consumed any alcohol or controlled substances, as appropriate to the denial basis, for a minimum of 12 consecutive months prior to the date the Commission received his or her application; (c) The applicant or permittee provides written proof that after the relevant incident(s) he or she has successfully completed an alcohol or drug treatment or recovery program, as appropriate to the refusal basis, and is following treatment recommendations; is participating in an ongoing alcohol or drug treatment or recovery program, as appropriate to the refusal basis, and is following treatment recommendations; or, has otherwise been successfully rehabilitated, AND (d) The applicant or permittee has substantially complied and continues to comply with all post-prison supervision or probation requirements, if any, imposed as a result of the underlying incident(s). (8) When the Commission proposes to deny a service permit application pursuant to this rule, the applicant may not withdraw the application.