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

Or. Admin. R. 603-056-0060
AD 5-1996, f. & cert. ef. 6-7-96; DOA 9-2020, amend filed 07/14/2020, effective 7/14/2020

Statutory/Other Authority: ORS 561 & 633

Statutes/Other Implemented: ORS 633.711

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