justicedao/ipfs_state_laws huggingface dataset:
845-016-0045 Certification and Recertification Denial (1) The Commission may deny certification or recertification to a provider or provider applicant if the applicant, provider, provider's instructor or instructor applicant, or the provider's authorized representative does not comply with section (3)(a) through (f) of this rule. (2) The Commission may deny certification or recertification to an instructor or instructor applicant who does not comply with section (3)(a) through (f) of this rule. (3) Applicants, instructors, providers, and authorized representatives must: (a) Not make any material false or misleading statement to induce or prevent Commission action; (b) Meet the requirements in OAR 845-016-0015, 845-016-0016, or 845-016-0020, as appropriate; (c) Follow the procedures described in these rules; (d) Not violate any laws or Commission rules related to the Alcohol Server Education course; (e) Not exploit the professional relationship with a student for personal gain; (f) Not have a recent history of liquor or controlled substance law violations, a recent history of using a controlled substance or alcoholic beverage to excess or recent disregard for laws related to being a responsible provider or authorized representative. (4) When the Commission proposes to deny certification or recertification, a provider, instructor, or applicant may make a written request for a hearing under the provisions of OAR 845, division 3 (Contested Case Procedures). Statutory/Other Authority: ORS 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0048 Restrictions (1) The Commission may restrict a provider’s or instructor’s certificate when: (a) In the absence of a restriction, the Commission has a basis to cancel, suspend/fine or deny the certification; or (b) In addition to all or part of a suspension or fine, a restriction may prevent the recurrence of the problem(s) that caused the violation(s). (2) Violation of a restriction is a Category I violation (see OAR 845-016-0080, Sanctions). Statutory/Other Authority: ORS 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92
845-016-0055 Record Keeping (1) Each provider will keep course presentation information including the location, date and number of students attending each class. The provider will give the Commission this information upon request. (2) Each provider will keep enrollment records for two years and three months. Enrollment records include the name of each student enrolled in the provider’s program and the date and location of the class the student took. The provider will give the Commission copies of these enrollment records if the provider is no longer certified. The Commission may inspect records at any time during normal business hours. (3) Violation of this rule is a Category III violation (see OAR 845-016-0080, Sanctions). Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0060 Changes in Course, Instructor or Provider (1) A provider or instructor will not change program content or method of presentation without the provider receiving the Commission's prior approval. (2) Selling the Business: If the provider sells the business, the purchaser must apply for and receive certification before the purchaser gives any course. (3) Adding an Instructor: (a) When the provider adds an instructor, the provider must mail or deliver to the Commission, no later than 36 hours after the instructor's first course, a completed Provider Staff Certification form for each instructor and the non-refundable instructor fee. Holidays and weekends are not included in counting the 36 hours. If the provider adds an instructor during the first six months of the certification period, the instructor fee is $100. If the provider adds an instructor during the last six months of the certification period, the fee is $50; (b) Despite subsection (3)(a) of this rule, if a provider adds an instructor who teaches another Oregon Alcohol Server Education Course, the Commission will not require another instructor fee if the fee has been paid for the certification period. However, the provider must send the Commission a completed Provider Staff Certification form before the instructor teaches the provider's course. (4) Changing a Corporate Officer or Authorized Representative. (a) A provider must notify the Commission within 20 days whenever a corporate officer changes; (b) Whenever the provider changes the authorized representative or adds a person to train instructors, the provider must mail or deliver to the Commission a Provider Staff Certification form for the new authorized representative or trainer. The provider must do this no later than 36 hours after the provider makes the change or addition. Holidays and weekends are not included in counting the 36 hours. (5) The Commission will evaluate any requested change and notify the provider in writing of its approval or denial. (6) Violation of section (1) or (2) of this rule is a Category II violation. Violation of section (3) or (4) of this rule is a Category III violation (see OAR 845-016-0080, Sanctions). Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0065 Provider Advertising and Promotion Standards (1) Provider advertising related to the course must include: (a) The provider's telephone number and cancellation policy; (b) The total amount of course time which includes instruction and break time; (c) A statement that students must attend the entire course before taking an exam. (2) Advertising will not suggest that the State of Oregon, the Commission or any state agency endorses or recommends the provider's course. (3) The provider will give the Commission copies of course publications, brochures, pamphlets, tear sheets, scripts or any other representation of advertising materials related to the course upon use. (4) A provider must have records available to support any claims or representations the provider makes in advertising. (5) Violation of this rule is a Category III violation (see OAR 845-016-0080, Sanctions). Statutory/Other Authority: ORS 471, 471.030 & 471.730(1) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 16-2017, amend filed 12/29/2017, effective 01/01/2018 OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0070 Provider Responsibility for Acts of Employees The Commission may hold a provider responsible for any act or omission of the provider's course instructor, personnel or representative that violates any law or administrative rule affecting provider privileges. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90
845-016-0075 Prohibited Conduct No provider or instructor will: (1) Drink alcoholic beverages, be visibly intoxicated, or be under the influence of intoxicants during the course presentation and exam, including breaks and meals. Violation of this section is a Category I violation. (2) Make any material false or misleading statement to induce or prevent Commission action. Violation of this section is a Category I violation. (3) Falsify, alter or otherwise tamper with examination materials. Violation of this section is a Category I violation. (4) Have a recent history of liquor or controlled substance law violations, a recent history of using a controlled substance or alcoholic beverage to excess or recent disregard for laws related to being a responsible provider, instructor or authorized representative. Violation of this section is a Category I violation. (5) Exploit the professional relationship with a student for personal gain. Violation of this section is a Category II violation. (6) Prohibit or interfere with on-site observations by the Commission or fail to assist the Commission in scheduling these observations. Violation of this section is a Category III violation. (7) Permit any student to drink alcoholic beverages or to be under the influence of intoxicants during the course presentation, including breaks and meals. Violation of this section is a Category III violation. (8) Permit distractions and interruptions that diminish the quality of the instructional setting. Violation of this section is a Category III violation. Statutory/Other Authority: ORS 471.030 & 471.730(1) Statutes/Other Implemented: 471.547 & ORS 471.542 History: OLCC 16-2017, amend filed 12/29/2017, effective 01/01/2018 OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92
845-016-0080 Sanctions for Violations (1) The Commission may cancel or suspend a provider or instructor's certification under its authority in ORS 471.542, 471.547 & 471.322(3) allows the Commission to impose a fine of not more than $1,000 in addition to or instead of a suspension or cancellation. (2) Violation Categories: (a) I Violations that make a provider ineligible for certification; (b) II Violations that seriously impair the quality/effectiveness of the provider's program; (c) III Violations, although not serious, that would reduce the quality or effectiveness of the provider's course if not corrected. (3) Sanctions: (a) Exhibit 1 lists the proposed sanctions for the first and subsequent violations within each category described in subsection (2)(a) of this rule. Exhibit 1 also gives the categories for the most common violations; (b) The sanctions listed in Exhibit 1 are guidelines. If the Commission finds aggravating or mitigating circumstances, it may assess a greater or lesser sanction. The Commission may always increase or decrease a sanction to prevent inequity or to take account of particular circumstances in the case. (4) The Commission increases sanctions based on successive violations in the same category within a two-year period. For example, if a provider who has committed one Category II violation and one Category III violation within the past two years, commits another Category II violation, the Commission assesses the sanction at the second level for the pending Class II violation. Numerous violations within the two-year period, regardless of the type, may indicate such a disregard for the law or failure to provide an acceptable Alcohol Server Education Course or acceptable class instruction so as to warrant cancellation of the certification. (5) A provider may not avoid the sanction for a violation or the application of the provision for successive violations by merely adding or converting to another form of legal entity when the individuals who own, operate or control the business are substantially similar. (6) When the Commission proposes to sanction a provider or instructor, the provider or instructor may make a written request for a hearing under the provisions of OAR 845, division 3 (Procedures Applicable to Contested Case Hearings). [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 471 including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.322(3), 471.542, 471.547 & 471.549 History: OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92
845-020-0010 Certification of Containers (1) A beverage container may be certified by the Commission if: (a) It is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and (b) More than one manufacturer will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container. (2) The Commission shall withdraw certification of a beverage container which it determines is no longer qualified for certification under section (1) of this rule. (3) The Commission shall refuse to certify or shall withdraw certification of: (a) A beverage container which by reason of its shape or design, or by reason of words or symbols permanently inscribed thereon, whether by engraving, embossing, painting, or other permanent method, is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name; (b) Each beverage container, in excess of one, for beer and other malt beverages, having a liquid capacity of 16 fluid ounces or less; (c) Each beverage container, in excess of one, for beer and other malt beverages, having a liquid capacity of more than 16 fluid ounces; or (d) Any beverage container which would tend to disrupt the orderly return and reuse of beverage containers. Statutory/Other Authority: ORS 459A.725(1) & (3), 459A.730(1) & (2) Statutes/Other Implemented: ORS 459A.725 History: LCC 44, f. 11-20-73, ef. 12-11-73, Renumbered from 845-010-0605 LCC 39, f. 7-17-72, ef. 7-8-72
845-020-0015 Application for Certification of Containers Any manufacturer desiring certification of a beverage container shall make application to the Commission upon forms to be furnished by the Commission. The application shall state the name and address of the manufacturer requesting the container certification and the name and addresses of each other manufacturer, known to the applicant, who will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container. The application shall include such additional information as the Commission may require. Each application for certification will be accompanied by the following: (1) Sample of the container to be considered for certification. (2) Container manufacturer’s print of the container design and specifications. (3) Two color photographs (5" x 7") of container. (4) Statement of applicant and of one other manufacturer that each will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container. Statutory/Other Authority: ORS 459A.725(1), 459A.725(3), 459A.730(1) & (2) Statutes/Other Implemented: ORS 459A.730 History: LCC 39, f. 7-17-72, ef. 7-8-72, Renumbered from 845-010-0610
845-020-0016 Container Exemptions (1) Every beverage container sold or offered for sale in Oregon shall have a refund value unless exempt under ORS 459A.705 or these rules. (2) Beverage containers with the following beverage types are exempt: (a) Distilled Spirits; (b) Wine in a container other than a can; (c) Milk and plant-based milks; (d) Infant formula; and (e) Liquid meal replacements. (3) The following container sizes are exempt from having a refund value: (a) Any malt beverage, water, or carbonated soft drinks, kombucha, or hard seltzer beverage container that holds more than three fluid liters; (b) Wine in a can that holds less than four ounces or over one and one-half liters; and (c) Any other beverage container that holds under four ounces or over one and one-half liters. (4) Any container types other than metal, glass, and plastic bottles and cans are exempt from having a refund value, including the following: (a) Metal containers that require a tool to be opened; (b) Foil pouches; (c) Cartons; and (d) Drink boxes. (5) Manufacturers of kombucha, hard seltzer, oral electrolyte replacement beverages, and any beverage that does not meet the definition of milk or plant-based milk will have until January 1, 2021 to have these containers labeled with the refund value. Until that date, these containers are redeemable and a container that contains one of these beverages may be sold or offered for sale in Oregon regardless of the refund value or lack of refund value indicated on the containers. (6) Manufacturers of wine in a can may include refund value on their labels, these containers are redeemable, and wine in a can may be sold or offered for sale in Oregon regardless of the refund value or lack of refund value indicated on the containers until October 1, 2026. Statutory/Other Authority: ORS 459A & ORS 459A.702 Statutes/Other Implemented: ORS 459A.702 & 459A.705 History: OLCC 4-2025, amend filed 11/20/2025, effective 12/02/2025 OLCC 2-2025, temporary amend filed 06/05/2025, effective 06/05/2025 through 12/01/2025 OLCC 14-2020, amend filed 06/22/2020, effective 07/01/2020 OLCC 18-2019, amend filed 12/27/2019, effective 01/01/2020 OLCC 14-2017, adopt filed 11/21/2017, effective 01/01/2018
845-020-0025 Application for Approval for a Full-Service Redemption Center Any person desiring approval of a full-service redemption center shall make application to the Commission upon forms to be furnished by the Commission. The application shall include the following and such additional information as the Commission may require: (1) Name and address of each person to be responsible for the establishment and operation of the redemption center; (2) Exact location and mailing address of redemption center; (3) Kinds of beverage containers that will be accepted at the redemption center; (4) Names and addresses of the dealers occupying 5,000 or more square feet within a redemption center zone that will be served by the redemption center; (5) Names and addresses of the dealers occupying 5,000 or more square feet within a redemption center zone that will not be served by the redemption center; (6) Distances from the redemption center to the dealers occupying 5,000 or more square feet within a redemption center zone that will be served; (7) Distances from the redemption center to dealers occupying 5,000 or more square feet within a redemption center zone that will not be served; (8) Days and hours of operation of the redemption center; (9) Description of parking facilities to serve the redemption center; (10) Evidence showing that showing that a redemption center will be located in an area zoned for commercial or industrial use under state statute or local ordinance or will be located in an area that will provide more convenient service given the proximity of the location to the dealers within the full-service redemption center convenience zones; (11) The cap, if any, on the number of beverage containers per person per day that will be accepted at the redemption center; (12) Payment method(s) for redeemed beverage containers; (13) The projected volume of beverage container returns at the redemption center as compared to the actual returns at the dealers to be served by the redemption center; and (14) A description of how consumers will be notified of the redemption center’s location, services, and service hours. (15) The Commission shall provide a 30-day public comment period before concluding that a full-service redemption center provides a convenient service to the public for the redemption of beverage containers. The commission may consider public comment when determining whether a full-service redemption center provides a convenient service to consumers for the return of empty beverage containers. Statutory/Other Authority: ORS 459A.735 & ORS 459A.737 Statutes/Other Implemented: ORS 459A.735 History: OLCC 4-2025, amend filed 11/20/2025, effective 12/02/2025 OLCC 2-2025, temporary amend filed 06/05/2025, effective 06/05/2025 through 12/01/2025 OLCC 18-2019, amend filed 12/27/2019, effective 01/01/2020 OLCC 14-2017, amend filed 11/21/2017, effective 01/01/2018 OLCC 2-2010, f. 2-22-10, cert. ef. 3-1-10 OLCC 14-2008, f. 12-17-08, cert. ef. 1-1-09 LCC 39, f. 7-17-72, ef. 7-8-72, Renumbered from 845-010-0620
845-020-0030 Standards of Cleanliness for Redemption Centers All persons responsible for the establishment and operation of the redemption center shall at all times keep the redemption center premises, including the parking facilities serving the redemption center, in full compliance with the law. Such persons shall keep such redemption center premises in good repair, painted, clean, well-lighted, free of litter and trash, and free of rodents, vermin, infestations of insects, and their harborages or breeding places. Statutory/Other Authority: ORS 459A.735 Statutes/Other Implemented: ORS 459A.735 History: OLCC 14-2017, amend filed 11/21/2017, effective 01/01/2018 OLCC 2-2010, f. 2-22-10, cert. ef. 3-1-10 LCC 39, f. 7-17-72, ef. 7-8-72, Renumbered from 845-010-0625
845-020-0031 Requirements of Distributors Not Participating in a Distributor Cooperative (1) Distributors that do not participate in a distributor cooperative and that sold more than 500,000 beverages in beverage containers in Oregon in the previous calendar year must establish a program to provide redemption services in the distributor’s distribution area that are comparable to services provided by a distributor cooperative in this state. (2) Redemption services must include: (a) Operation of full-service redemption centers that are staffed and operating at least 10 hours each day, seven days a week; (b) Customer access to reverse vending machines, hand counting, and bag drop-off service; (c) Providing dealers with a pick-up service, bag drop-off facilities, and facilitating establishment of dealer redemption centers; and (d) Establishing programs for nonprofit organizations to raise funds. Statutory/Other Authority: ORS 459A.737 & 2022 Oregon Laws Ch. 80 Statutes/Other Implemented: ORS 459A.737 & 2022 Oregon Laws Ch. 80 History: OLCC 199-2022, adopt filed 09/27/2022, effective 01/01/2023