Or. Admin. R. 635-062-0060 - Cancellation or Non-Renewal of Permit

(1) If a holder of Wildlife Rehabilitation Permit (or subpermittee) violates any requirement of these Wildlife Rehabilitation Permit rules, the Department may revoke or decline permit renewal and any birds, mammals, amphibians and reptiles being held may be confiscated by law enforcement personnel.

(2) If a permittee fails to receive and rehabilitate wildlife for greater than 180 consecutive days, the Department may revoke (or decline to renew) the permit. The Department may choose to not revoke the permit if the permittee has completed the requisite 12 continuing education hours during the preceding 2 year period. In addition, the Department will consider extenuating circumstances on a case by case basis if presented to the Department in writing within 10 days following notification of permit revocation. If the Department revokes or declines to renew a permit under this subsection, a permittee who seeks renewal of the permit must comply with all requirements and conditions in 635-062-0210 including, but not limited to, retaking and passing the ODFW Wildlife Rehabilitation Permit test and submitting to a facility inspection.

(3) The Department may revoke or decline to renew a Wildlife Rehabilitation Permit if the permittee or subpermittee: fails to report or release wildlife, including species approved on the permit and restricted wildlife, as directed by the Department and these rules; or

(a) is convicted of, or admits to a violation of, any wildlife law, or any rule, order or permit issued under the wildlife laws within 5 years of application.

(4) Upon revocation or non-renewal of a permit, law enforcement personnel will confiscate any wildlife held.

(5) A permittee may appeal revocation or non-renewal of a permit through a contested case hearing. The request for a contested case hearing on a proposed revocation must be received by the Department within 21 days after service of notice (or 90 days for emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings will be issued by the Department Director.

Notes

Or. Admin. R. 635-062-0060

DFW 163-2015, f. & cert. ef. 12/9/2015

Stat. Auth.: ORS 183.430, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242