Or. Admin. R. 603-056-0060 - Probation, Suspension, Revocation and Re-issuance of Seed Dealer License
(1) In addition to
any lawful penalty, the department may impose probation upon a licensee upon
issuance of a Notice of Imposition of Civil Penalty or upon issuance of a
Notice of Violation. The department shall impose probation upon any licensee
when a seed dealer license has been suspended or revoked, to become effective
upon reissuance of a suspended or revoked license.
(a) When imposed, probation shall be
established for the purpose of requiring, monitoring, and documenting of
corrective actions of the licensee which relate to violations of the Oregon
Seed Law or for requiring, monitoring, and documenting compliance with the
Oregon Seed Law.
(b) The department
will base the decision of whether to impose probation on whether it determines
that probation would be appropriate and beneficial for requiring, monitoring,
and documenting corrective actions or for requiring, monitoring, or documenting
compliance with the Oregon Seed Law. The department shall base the decision of
and the duration of a probationary period on consideration the magnitude of
violation as described in OAR 603-056-0540 and the gravity of circumstance as
described in OAR 603-056-0540 as follows:
(A)
Up to one year a Category III (Minor) violation where the department issued
either a Notice of Violation or Notice of Imposition of Civil Penalty of less
than $2,500.
(B) One to three years
for the following:
(i) Category III (Minor)
violation where the department issued a Notice of Imposition of Civil Penalty
greater than or equal to $2,500; or
(ii) Category II (Moderate) violation where
the department issued a Notice of Violation; or
(iii) Category II (Moderate) violation where
the department issued a Notice of Imposition of Civil Penalty less than
$20,000.
(C) Three to
five years for the following:
(i) Category II
(Moderate) violation where the department issued a Notice of Imposition of
Civil Penalty greater than or equal to $20,000; or
(iii) Any Category I (Major) violation where
the department issued a Notice of Violation or Notice of Imposition of Civil
Penalty.
(2) The department may order suspension of a
seed dealer license. The department will base the decision of whether to
suspend a seed dealer license on the magnitude of violation(s), gravity of
circumstance ascribed to the violation(s) as described in OAR 603-056-540, past
occurrences of violations and volume of seed as described in OAR 603-056-0530,
and other factors the department considers appropriate.
(a) The department may suspend a license for
the following:
(A) Any Category I (Major),
Category II (Moderate), or Category III (Minor) violation where the department
issued a Notice of Violation or Notice of Imposition of Civil Penalty.
(B) Any violation of Oregon Seed
Law.
(b) The department
may order a suspension concurrently with the issuance of a Notice of Violation
or a Notice of Imposition of Civil Penalty or through a separate enforcement
action.
(c) The department shall
base the duration of a suspension period on magnitude of the violation(s), the
gravity of circumstance ascribed to the violation(s), and past occurrence of
violations as follows and may consider any other factors it considers
appropriate when setting a suspension period within the allowable ranges below:
(A) Up to three years for the following:
(i) Category III (Minor) violation where the
department issued either a Notice of Violation or Notice of Imposition of Civil
Penalty.
(ii) Category II
(Moderate) violation where the department issued either a Notice of Violation
or Notice of Imposition of Civil Penalty.
(ii) Up to five years for the following:
(i) Category I (Major) violation where the
department issued either a Notice of Violation or Notice of Imposition of Civil
Penalty.
(3) The department may order revocation of a
seed dealer license. The department will base the decision of whether to revoke
a seed dealer license on the magnitude of violation(s),the gravity of
circumstance ascribed to the violation(s) as described in OAR 603-056-540, past
occurrences of violations and volume of seed as described in OAR 603-056-0530,
and any other factors the department considers appropriate. .
(a) The department may revoke a license for
the following:
(A) Any Category I (Major) or
Category II (Moderate) violation where the department issued a Notice of
Imposition of Civil Penalty.
(B)
Any violation of Oregon Seed law.
(b) The department may order revocation
concurrently with the issuance of a Notice of Violation or a Notice of
Imposition of Civil Penalty or through a separate enforcement action.
(4) The department may reissue a
license that has been suspended or revoked as follows:
(a) The department may reissue a suspended
license only when all of the following have occurred:
(i) Person(s) have completed any corrective
actions ordered by the department; and
(ii) In the case where a Notice or Notices of
Imposition of Civil Penalty were issued, person(s) have paid all civil
penalties imposed; and
(iii) The
suspension period has expired.
(iv)
Person(s) have re-applied for a license as described in OAR
603-056-0050.
(b) The
department may, but is not required to, reissue a revoked license. The
department shall only consider reissuing a revoked license when all of the
following have occurred:
(i) Person(s) have
completed any corrective actions ordered by the department; and
(ii) In the case where a Notice or Notices of
Imposition of Civil Penalty were issued, person(s) have paid all civil
penalties imposed; and
(iii) A time
period has elapsed from the date of the revocation of the license of at least
three years for a Category II (Moderate) violation or five years for a Category
I (Major) violation.
(iv) Person(s)
have re-applied for a license as described in OAR 603-056-0050.
Notes
Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.711
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