Or. Admin. R. 603-027-0470 - Embargo of Product

(1) Stop Use Order, Hold Order or Removal Order:

(a) The Director may issue a Stop Use Order, Hold Order, or Removal Order for any motor vehicle fuel which fails to meet the requirements of OAR 603-027-0420 through 603-027-0460;

(b) A Stop Use Order, Hold Order or Removal Order may be affixed by the Director or the Director's designate to dispensing devices and storage devices containing the motor vehicle fuel ordered off sale:

(A) The Stop Use Order, Hold Order or Removal Order shall be attached to the storage tank fill cap and dispenser where the motor vehicle fuel is stored and dispensed;

(B) The Stop Use Order, Hold Order or Removal Order shall contain the following information:

(i) A notice that the motor vehicle fuel has been prohibited from sale or use;

(ii) A notice that the motor vehicle fuel is not to be disposed of without authorization from a Department official;

(iii) Location of the motor vehicle fuel;

(iv) Identification of the motor vehicle fuel;

(v) Brand name;

(vi) Number and type of containers;

(vii) Marked contents;

(viii) Other identification;

(ix) Violation;

(x) Name of official;

(xi) Date.

(c) Any motor vehicle fuel which has been ordered off sale shall not be exposed for sale except under the following circumstances:

(A) The bulk facility, wholesale dealer, retail dealer, or nonretail dealer may be authorized to sell the motor vehicle fuel provided:

(i) It can be brought up to represented quality;

(ii) It can be brought up to ASTM specifications.

(B) The Director or the Director's designate may approve of any disposition of an off-sale commodity provided the disposition is not in conflict with ORS 646.947, ORS 646.949, ORS 646.953and OAR 603-027-0420 through 603-027-0440;

(C) Any disposition authorized by the Director or the Director's designate shall be recorded on the Stop Use Order, Hold Order or Removal Order.

(D) If the Director or the Director's designate finds that the motor vehicle fuel cannot be brought up to represented quality or meet the specifications pursuant to ORS 646.947, ORS 646.949, ORS 646.953and OAR 603-027-0420 through 603-027-0440, the Director or the Director's designate shall order the motor vehicle fuel removed by issuance of a Stop Use Order, Hold Order, or Removal Order to the bulk facility, wholesale dealer, retail dealer, or nonretail dealer. The Director or the Director's designate may authorize the motor vehicle fuel to be removed:

(i) To a facility capable of reblending or refining;

(ii) To another area within the state if specifications of that area can be met;

(iii) Outside the state;

(iv) Any disposition authorized by the Director or the Director's designate shall be recorded on the Stop Use Order, Hold Order or Removal Order.

(2) The owner or operator of a facility which is the subject of a Stop Use Order, Hold Order or Removal Order may appeal such an order in the manner provided in OAR 603-027-0490. A statement of appeal rights shall be included with any Stop Use, Hold or Removal Order posted as provided by section (1) of this rule. The Stop Use, Hold or Removal Order shall also be served on the owner or operator of the facility, as provided by OAR 603-207-0490. In the event the owner or operator requests a hearing to contest the Stop Use, Hold or Removal Order, such hearing shall be held as soon as is reasonably practicable. Where reasonably practicable, the Department shall give the owner or operator of the facility prior written notice of its intent to issue a Stop Use, Hold or Removal Order. In the event the owner or operator of the facility requests a hearing to contest a Stop Use, Hold or Removal Order, such person may request that the order be stayed pending completion of the contested case. The Director or the Director's designate shall stay the order if the party provides evidence and the Department determines that:

(a) The party will suffer irreparable injury if the order is not stayed;

(b) There is a colorable claim of error in the proposed order; and

(c) Granting the stay will not result in substantial public harm.

Notes

Or. Admin. R. 603-027-0470

AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 8-2008, f. & cert. ef. 2-15-08; DOA 17-2016, f. & cert. ef. 8/4/2016

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 561.190, 646.905 - 646.990, OL 1997, Ch. 310 (SB 414)

Stats. Implemented: ORS 646.905-646.990, 183, OL 1997, Ch. 310 (SB 414)