Or. Admin. Code § 141-014-0400 - Assignment of Leases and Licenses; Subleasing
(1) Except as authorized in the lease or
these rules, in no event will the lessee sublease or assign, or licensee assign
any portion of the authorized area prior to receipt of written approval from
the Department. Violation of this provision may be grounds for termination of
the lease or license.
(2) A lessee
must apply in writing on a form provided by the Department to the Department
for a sublease or an assignment.
(3) Licensees may only apply to the
Department for an assignment.
(4)
Lessees desiring to sublease or assign a lease, or licensees desiring to assign
a license in a manner not permitted outright by the lease, license or these
rules must:
(a) Apply to the Department on a
form provided by the Department; and
(b) Submit a non-refundable application
processing fee of $750 payable to the Department of State Lands.
(5) If the application is
incomplete, the Department will return the application to the applicant with a
written explanation of the reason(s) for rejection.
(6) If an application is rejected by the
Department for incompleteness or some other reason, the applicant may resubmit
it to the Department within 120 calendar days from the date of the letter of
written explanation sent by the Department with no additional application fee
due.
(7) Sublessees and assignees
must meet all applicable requirements set forth in these rules and the lease or
license.
(8) The transfer of
ownership of the lease or license caused by the death of the lessee or licensee
will be considered an assignment requiring the Department's approval. A
transfer of ownership to a spouse or immediate family member is an assignment
that does not require the Department's prior approval.
(9) A lessee or licensee may not grant a
mortgage or security interest in the lease or license without the prior written
consent of the Department which shall not be unreasonably withheld. Any
subsequent assignment by the creditor will require the prior written approval
of the Department.
(10) The
Department may request additional information on the sublessee's or assignees's
financial status, or past business and management practices, or both. The
Department may, at its discretion, deny the assignment request if the
assignee's financial status, or past business and management practices, or
both, indicate that they may not be able to fully meet the terms and conditions
of a lease offered by the Department.
Notes
Stat. Auth.: ORS 273.551, 274.525, 274.530, 274.550 & 274.560
Stats. Implemented: ORS 274 .525 & 274 .550
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