Or. Admin. Code § 603-048-0225 - Handler Applications and Review
(1) Licenses are valid for a one-year term
beginning on January 1 of each calendar year. Licenses granted after January 1
are effective on the date issued.
(2) Renewal Application. A person with a
current valid license may apply for a renewal license by submitting a complete
renewal application and renewal fee to the Department by no later than December
1 of the current license year. All application requirements for an initial
license apply to an application for renewing a license.
(3) The Department shall review and act on
applications in the order they are received. An individual is not licensed with
the Department until the Department has approved the license and notified the
licensee of licensure.
(4) To apply
for a handler license, an applicant must submit to the Department:
(a) A complete application to the Department
on forms provided by the Department; and
(b) All applicable fees as described in OAR
603-048-0700.
(5) A
person seeking to produce or process agricultural hemp seed must separately
apply for and obtain an agricultural hemp seed producer licensure as described
in OAR 603-048-0300.
(6) An
application for a handler licensure must:
(a)
Include all the following information:
(A) The
name, legal type of applicant (individual, corporation, etc.), Oregon Secretary
of State business registry number for if legal entity required to be
registered, and contact information of the applicant;
(B) The name and address of applicant's
handling site;
(C) A primary
contact person who the Department can contact to arrange for onsite inspections
or for questions regarding the application or license and contact information
(phone number, email) for the primary contact person.
(D) Other information for purposes of
studying the growth, cultivation, and marketing of industrial hemp as specified
by the Department in the application.
(b) Include a completed copy of the
Department land use compatibility statement (LUCS) for each hemp operation
location signed by the local county or government.
(c) Include any other information or forms
required by the Department.
(7) In addition to the requirements in
sections (4) to (6), all applicants for licensure must acknowledge and agree
that:
(a) Any information provided to the
Department may be publicly disclosed and may be provided to law enforcement
agencies without notice to the applicant or licensee;
(b) The Department, or its designee, may
enter any facility used for processing and may take samples of industrial hemp,
agricultural hemp seed, or industrial hemp products or commodities as necessary
for the administration of the Department's laws.
(c) All fees lawfully due to the Department
will be timely paid.
(d) Licensure
and compliance with these industrial hemp rules may not protect a person from
possible criminal prosecution under federal law or other sanctions by federal
entities, or from possible criminal prosecution under the laws of other
states.
(8) The
Department, in its discretion, may require an inspection of the handling site
prior to issuing a license.
(9)
Incomplete Applications.
(a) If an applicant
does not provide all of the information or documentation required in rule or
otherwise required by the Department of this rule or pay the applicable fee,
the Department shall reject the application as incomplete.
(b) If an application is illegible or is
substantially incomplete, the Department may summarily reject the application
as incomplete. If an applicant fails to provide all of the information
required, the Department may notify the applicant of the missing information
and allow the applicant 15 days to submit the missing information.
(c) The Department may verify the information
submitted, verify any accompanying documentation submitted with an application,
or request additional information, documentation, or attestation from the
applicant to ensure compliance with ORS
571.260 to ORS
571.348 and these rules. If an
applicant fails to timely submit information, documentation, or attestation
requested by the Department, the Department shall reject the application as
incomplete.
(d) An applicant whose
application is rejected as incomplete may reapply at any time. If the
individual reapplies within the year, the application fee may be applied to a
new application.
(10)
Denial.
(a) The Department must deny an
initial or renewal application if:
(A) The
LUCS submitted states that the proposed land use is prohibited in the
applicable zone or the LUCS fails to demonstrate that the proposed license
activity is permitted; or
(B) The
applicant fails to satisfy any of the requirements for initial
licensure.
(b) The
Department may deny an initial or renewal application if:
(A) The applicant violated or has a history
of noncompliance with:
(i) A provision of ORS
571.260 to ORS
571.348;
(ii) A rule adopted under a provision of ORS
571.260 to ORS
571.348;
(iii) An order issued by the Department
pursuant to a provision of ORS
571.260 to ORS
571.348 or a rule adopted
thereunder, including a detainment order;
(iv) Any statutory law or Department rule
related to agricultural activities other than industrial hemp
operations.
(B) The
application, or documents submitted with the application, contains false,
misleading, or incorrect information; or
(C) The applicant is a legal entity that is
required to be registered with the Oregon Secretary of State but does not have
an active registration.
(D) The
applicant, or any key participant, has a history of noncompliance with OLCC
statutes or rules regarding the prohibition on the unregulated commerce of
marijuana including but not limited to any violation or disciplinary action
under ORS 475C.185 or OAR
845-025-8590(2)(e).
(11) Licensure by Reciprocity. A marijuana
processor licensed under ORS
475C.085 with a hemp endorsement
as described in OAR 845-025-3210 from the OLCC may apply for a handler license
by submitting to the Department:
(a) A
complete reciprocity handler licensure application on forms provided by the
Department;
(b) A copy of the
marijuana processor's current license and hemp endorsement;
(c) All applicable fees as described in OAR
603-048-0700; and
(d) Any other
forms or documents required by the Department.
(12) Ineligibility based on past
noncompliance.
(a) A handler is ineligible for
a handler license for a period of two year from the date a final order is
entered revoking the handler's license.
(b) A handler whose application is denied
under section (10)(b)(A), (B), or (D) of this rule is ineligible for a period
of two year from the date a final order is entered denying the handler's
license.
(c) A handler ineligible
under this rule may not apply or reapply for a handler license during the
period of ineligibility.
(d) The
Department must deny any handler application submitted by a person ineligible
under this rule and shall revoke the license of a person who is ineligible
under this rule.
(13)
The Department may place an application on hold if the applicant or licensee is
currently under investigation for violation of ORS
571.260 to
571.348 or these rules or
pending a disciplinary action with the Department.
(14) If the Department receives written
notification from the jurisdiction where a proposed handling site or licensed
handling site is located that the LUCS is invalid or is no longer valid, the
Department may require the applicant or licensee to obtain a new LUCS. If a new
LUCS is not submitted, the Department may deny or revoke the license. If the
LUCS submitted states that the proposed land use is prohibited in the
applicable zone or otherwise fails to demonstrate that the proposed licensed
activity is permitted, the Department shall revoke or deny the
license.
(15) The Department may
not issue a license to an applicant that is a legal entity that is required to
be registered with the Oregon Secretary of State but does not have an active
registration.
Notes
Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
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