(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.
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.