justicedao/ipfs_state_laws huggingface dataset:
845-002-0250 Hiring or Appointing on a Preliminary Basis (1) The Commission may hire or appoint a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 845-002-0240. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Commission. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if removed from trial service prior to completion of a final fitness determination under OAR 845-002-0260, may not appeal the trial service removal under the process provided under OAR 845-002-0300. (4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, as provided under OAR 845-002-0260(3)(d), then the Commission shall immediately terminate the subject individual’s employment or appointment. (5) A subject individual whose employment or appointment is terminated under subsection (4) of this rule may avail himself or herself of the appeal process provided under OAR 845-002-0300. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0270 Potentially Disqualifying Crimes (1) FELONIES AND MISDEMEANORS. A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and are not intended to include offenses that are classified as violations (See ORS 161.505 through 161.565). No crimes are considered automatically disqualifying under these rules. (a) Any federal crime. (b) Any U.S. military crime. (c) Felonies and misdemeanors in Oregon. Any felony or misdemeanor in Oregon Revised Statutes. (d) Crimes Outside Oregon. Any felony or misdemeanor in a jurisdiction outside Oregon (including crimes outside the United States) that is the substantial equivalent of any Oregon crime, or that is serious and indicates behavior that poses a threat or jeopardizes the safety of the Commission, its client entities, the State, or members of the public as determined by the authorized designee. (e) Inchoate crimes. Any inchoate crime or attempt, solicitation or conspiracy to commit a crime listed or described in this section pursuant to ORS 161.405, 161.435, or 161.450, including any crime based on criminal liability for conduct of another pursuant to ORS 161.155. If the crime occurred outside Oregon, similar inchoate crimes from local jurisdictions shall be considered by the authorized designee. (f) Repealed crimes. Any offense that no longer constitutes a crime under Oregon law or the law of another jurisdiction, but is the substantial equivalent of any of the crimes listed or described in this section (section (1)) as determined by the authorized designee. (2) Evaluation Based on Oregon Laws. An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination. (3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 through 419A.262. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0280 Incomplete Fitness Determination (1) The Commission will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 845-002-0220; (b) The subject individual does not provide materials or information under OAR 845-002-0230(1) within the timeframes established under that rule; (c) An authorized designee cannot locate or contact the subject individual; (d) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other criminal records information under OAR 845-002-0260(2); or (e) The Commission determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process. (2) A subject individual does not have a right to a contested case hearing under OAR 845-002-0300 to challenge the closing of an incomplete fitness determination. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0290 Notice to Subject Individual of Fitness Determination (1) An authorized designee shall provide, in a format approved by the Commission, written notice to a subject individual upon completion of a preliminary or final fitness determination, or upon the closing of a fitness determination due to incompleteness. (a) The authorized designee shall record on the notice the date on which the fitness determination was either closed as incomplete or completed. (b) If the notice pertains to a completed final fitness determination, it shall be accompanied by a separate notice addressing the subject individual’s right to request a contested case hearing to appeal the Commission’s determination and containing the information required by OAR 137-003-0505. (2) An authorized designee shall provide for hand delivery or first class mail delivery of the notice as soon as possible after completion or closure of a fitness determination, but in no case later than 14 calendar days after the date of completion or closure, to the address provided by the subject individual on the OLCC Criminal Records Request form, or to an updated address as provided in writing by the subject individual. If the separate notice regarding hearing rights is included pursuant to subsection (1)(b) of this rule, then such notice shall be provided by personal service or service by registered or certified mail. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0310 Record Keeping and Confidentiality (1) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing. (2) Records Received from the Oregon Department of State Police. (a) Records the Commission receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15). (b) Within the Commission, only authorized designees shall have access to records the Commission receives from the Oregon Department of State Police resulting from a criminal records check. (c) An authorized designee shall have access to records received from the Oregon Department of State Police in response to a criminal records check only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records. (d) Authorized designees shall maintain and disclose records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto (see OAR chapter 257, division 15), these rules, and any written agreement between the Commission and the Oregon Department of State Police. (e) If a fingerprint-based criminal records check was conducted with regard to a subject individual, the Commission shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by federal law. (f) If a subject individual with a right to inspect criminal offender information under subsection (e) requests, the Commission shall provide the subject individual with a copy of the individual’s own state and federal criminal offender information, unless prohibited by federal law. (3) Other Records. (a) The Commission shall treat all records received or created under these rules that concern the criminal history of a subject individual, other than records covered under section (2) of this rule, including OLCC Criminal Records Request forms and fingerprint cards, as confidential pursuant to ORS 181.534(15). (b) Within the Commission, only authorized designees shall have access to the records identified under subsection (a). (c) An authorized designee shall have access to records identified under subsection (a) only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records. (d) A subject individual shall have access to records identified under subsection (a) pursuant to the terms of the Public Records Law, ORS 192.410 to 192.505. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0330 Fees (1) The Commission may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Commission by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual. (2) The Commission may charge the fee to the subject individual on whom the criminal offender information is sought, or, if the subject individual is an employee of a Commission contractor or vendor and is undergoing a fitness determination in that capacity, the Commission may charge the fee to the subject individual’s employer. (3) The Commission shall not charge a fee if the subject individual is a Commission employee, a Commission volunteer, or an applicant for employment or a volunteer position with the Commission. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-003-0200 Statement of Purpose (1) The purpose of these rules is to implement the statutory policies set forth in ORS 183.411 to 183.470, to provide all contested case participants with clear guidelines, and to provide for thorough and timely hearings. (2) In an effort to provide timely hearings, these rules establish time limits which will be strictly followed. (3) These rules apply to all contested case proceedings pending with or received by the Commission on or after the effective date. Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6) Statutes/Other Implemented: ORS 183.341(2) History: OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12 OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00 OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00 OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99
845-003-0210 Model Rules of Procedure (1) The following Attorney General's “Model Rules of Procedure for Contested Cases Office of Administrative Hearings,” effective May 1, 2014, are hereby adopted by reference as permanent rules of procedure for contested case hearings conducted on behalf of the Liquor and Cannabis Commission: OAR 137-001-0005, and OAR 137-003-0501 to 137-003-0700. (2) The following Attorney General’s Model Rules for “Miscellaneous, Orders in Other Than Contested Cases,” effective May 1, 2014, are hereby adopted by reference as permanent rules of procedure for miscellaneous proceedings and orders in other than contested cases: OAR 137-004-0010 to 137-004-0092. [ED. NOTE: The full text of the Attorney General’s “Model Rules of Procedure for Contested Cases Office of Administrative Hearings” and “Miscellaneous, Orders in Other Than Contested Cases” is available from the Office of the Attorney General or the Oregon Liquor and Cannabis Commission.] Statutory/Other Authority: ORS 183.341 (1), (2), 471.730(5) & (6) Statutes/Other Implemented: ORS 183.341(1) & (2) History: OLCC 11-2021, minor correction filed 08/02/2021, effective 08/02/2021 OLCC 10-2016, f. & cert. ef. 8-19-16 OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16 OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12 OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00 OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00 OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99
845-003-0220 Definitions As used in OAR Chapter 845, division 003, the following definitions apply: (1) “Administrator” means the Executive Director of the Oregon Liquor and Cannabis Commission or the Executive Director’s authorized delegates. (2) “Charging Document” means a written notice that the Commission: (a) Intends to grant or deny a new or renewed permit, license, certification, authorization, endorsement or approval; (b) Will seek a sanction, civil penalty or withdraw an approval for a violation or failure to comply with ORS Chapter 471, ORS Chapter 473, ORS Chapter 475C, ORS 471.115, ORS 459A.700 to ORS 459A.740, and OAR Chapter 845; and (c) Intends to modify, suspend or terminate a retail sales agent agreement, or modify, terminate or suspend a retail sales agent appointment. (3) “Commission” means the Oregon Liquor and Cannabis Commission and any employee thereof, but for purposes of these rules does not refer to the Commissioners. (4) “Commissioners” means a quorum of duly appointed Commissioners at a meeting called for the transaction of any business, the performance of any duty, or the exercise of any power of the Commission. (5) “Good cause” means the factors set forth under OAR 137-003-0501(7). Good cause does not include failure to perform a required act due to the press of business or ignorance of the law, including ignorance of these rules. (6) “Participant” means the person(s) named in the notice of a right to a contested case hearing and who requested a hearing, a person granted either party or limited party status in a contested case under OAR 137-003-0535, an agency participating in the contested case under OAR 137-003-0540, the party’s attorney, the expert witnesses, the agency representative, one agency officer or agency employee, and any persons authorized by statute or administrative rule to attend the contested case hearing. (7) “Party” means any person or entity named in the charging document or granted party status by statute or administrative rule. Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6) & 475C.017(2)(d) Statutes/Other Implemented: ORS 183.310 & 183.341(2) History: OLCC 2-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 12-2021, minor correction filed 08/02/2021, effective 08/02/2021 OLCC 10-2016, f. & cert. ef. 8-19-16 OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16 OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12 OLCC 18-2007, f. 9-27-07, cert. ef. 10-1-07 OLCC 18-2007, f. 9-27-07, cert. ef. 10-1-07 OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03 OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00 OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00 OLCC 8-1999, f. 6-9-99, cert. ef. 7-1-99 OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99
845-003-0331 Employee Representation at Contested Case Hearings (1) As authorized by the Attorney General pursuant to ORS 183.452, Commission employees may appear and participate on behalf of the Commission in the following types of contested case hearings: (a) The grant or denial of a new or renewed license, permit, certification, endorsement, approval or other authorization applied for or requested under ORS Chapters 459A, 471, 473, 475C and OAR Chapter 845; (b) A withdrawal, suspension, revocation, cancellation, civil penalty or other sanction pursuant to ORS Chapter 471, ORS Chapter 473, ORS Chapter 475C, ORS Chapter 459A, ORS 474.115, ORS 459.992, or OAR Chapter 845; (c) A violation or dispute based on a retail sales agent agreement; but not a matter where the Commission has proposed to terminate or suspend performance on the agreement; (d) Privilege Tax disputes under ORS 473.060(4); and (e) Orders for destruction, dispossession, seizure, transfer, or sale of marijuana items pursuant to ORS 475C.021. (2) The employee representative's responsibilities include, but are not limited to: (a) Presenting evidence; (b) Asking questions of all witnesses; (c) Presenting information about the facts, and advocating for the Commission’s position surrounding the facts; (d) Presenting information on how the facts apply to the statutes or rules directly related to the issues in the contested case; (e) Presenting information comparing Commission actions in similar situations; (f) Presenting information about the literal meaning of the statutes or rules that apply to the issues in the contested case; and (g) Presenting information about the admissibility of evidence or the correctness of procedures being followed. (3) The employee representative may not make legal arguments. “Legal arguments” include, but are not limited to, arguments on: (a) The jurisdiction of the Commission to hear the contested case; (b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Commission; and (c) The application of court precedent to the facts of the particular contested case proceeding. (4) When the Commission determines it is necessary to consult with the Attorney General's office, an administrative law judge will provide a reasonable period of time for an agency representative to consult with the Attorney General's office and to obtain either written or oral legal argument. Statutory/Other Authority: ORS 183.341(2), 183.452, 475C.017(2)(d) & 471.730(5) & (6) Statutes/Other Implemented: ORS 183.341(2) & 183.452 History: OLCC 6-2024, minor correction filed 05/22/2024, effective 05/22/2024 OLCC 5-2024, amend filed 05/16/2024, effective 05/17/2024 OLCC 3-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 10-2016, f. & cert. ef. 8-19-16 OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16 OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12 OLCC 13-2002, f. 10-25-02, cert. ef. 11-3-02 OLCC 6-2002(Temp), f. 5-6-02, cert. ef. 5-7-02 thru 11-2-02
845-003-0345 Public Attendance and Representation of Parties (1) Contested case hearings are closed to non-participants and may only be attended by participants. (2) Representation of parties is governed by OAR 137-003-0550. The Commission does not allow the use of authorized representatives described in 137-003-0555 in its contested case hearings. Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6) Statutes/Other Implemented: ORS 183.341(2) History: OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
845-003-0460 Exchange of Exhibits and Witness Lists (1) Prior to any contested case hearing, the administrative law judge may order the participants to exchange exhibits and witness lists. (2) Each participant must file exhibits and a list of witnesses with the administrative law judge and provide a copy to the other participant(s) by the date established by the administrative law judge. If there is no order by the administrative law judge, the exhibits and witness lists must be filed and exchanged no later than 14 days before the hearing date. If a participant fails to timely file and exchange the documents, a prehearing conference will be convened upon request. (3) Following the filing and exchange of the witness lists and exhibits and before the start of the hearing, participants shall immediately provide to the other participants and the administrative law judge any newly discovered matter, such as a document or name of a witness. (4) The requirements in sections (1)–(3) of this rule do not apply to service permit refusal and revocation cases. In these matters, prior to any contested case hearing, the administrative law judge may issue a discovery order directing the participants to file and exchange exhibits and witness lists by a date established by the administrative law judge. Statutory/Other Authority: ORS 183.341(2), 183.425(2), 471.730(5) & (6) Statutes/Other Implemented: ORS 183.341(2) & 183.425(2) History: OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12 OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00 OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00 OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99
845-003-0590 Exceptions (1) Only parties and limited parties may file exceptions to a proposed order. Commission staff may file written comments on the proposed order. (2) Exceptions and comments must be in writing and received by the Administrator of the Commission within 15 days of the mailing date of the proposed order to be considered by the Commissioners. If an interpreter is required to translate a proposed order for one participant, all participants shall have an additional 10 days to file exceptions or comments to the proposed order. (3) The Administrator may grant a participant's written request to extend the period to file exceptions or comments for good cause shown or by mutual agreement. The request must be received within 15 days of the mailing date of the proposed order. (4) Oral argument to the Commissioners on written exceptions or comments will be taken at a regularly scheduled meeting of the Commissioners. The participants shall be notified by the Commission of the date, time, and place of the meeting where such argument will be heard. Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6) Statutes/Other Implemented: ORS 183.341(2) & 183.460 History: OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12 OLCC 21-2003, f. 11-24-03, cert. ef. 2-10-04 OLCC 11-2003(Temp), f. & cert. ef. 8-15-03 thru 2-10-04 OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00 OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00 OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99