Or. Admin. Code § 837-012-1390 - Denial, Suspension or Revocation
(1) The Department of the State Fire Marshal
may deny, suspend or revoke a certificate of possession if:
(a) An individual who has applied for, or has
been issued, a certificate of possession is ineligible for the certificate
under ORS 480.225 or
480.230; or
(b) The individual who has been issued a
certificate of possession has been convicted of a violation under ORS
480.990(6).
(2) If an individual to whom a certificate of
possession was issued is found to be ineligible for the certificate under ORS
480.225 or
480.230, the Department of the
State Fire Marshal may revoke the certificate.
(a) An individual is ineligible for a
certificate of possession if, before or after being issued a certificate, the
individual fails to comply with ORS
480.225 or
480.230.
(b) An individual is ineligible for a
certificate of possession under ORS
480.225(1)(l)
if the individual fails to possess, use, store or transport explosives in
accordance with these rules and all other applicable federal, state or local
laws, rules or regulations.
(3) If an individual to whom a certificate of
possession was issued has been convicted of a violation under ORS
480.990(6), the
Department of the State Fire Marshal may consider the following guidelines:
(a) If the individual has been convicted of
one violation, the Department of the State Fire Marshal may deny, suspend or
revoke the certificate of possession for up to one year.
(b) If the individual has been convicted of
two violations, the Department of the State Fire Marshal may deny, suspend or
revoke the certificate of possession for up to two years.
(c) If the individual has been convicted of
three or more violations, the Department of the State Fire Marshal may deny,
suspend or revoke the certificate of possession for up to three
years.
(4) The Department
of the State Fire Marshal may deny, suspend or revoke a certificate of
registration if:
(a) The magazine registered,
or to be registered, is ineligible for registration under ORS
480.200 to
480.290 or these rules;
or
(b) For failure to comply with
any provision of ORS 480.200 to
480.290 or these
rules.
(5) If a magazine
that has been issued a certificate of registration is found to be ineligible,
the Department of the State Fire Marshal may revoke the certificate.
(6) A magazine is ineligible for a
certificate of registration if, before or after the magazine is registered, the
magazine does not comply with ORS
480.244 or these
rules.
(7) Suspension or revocation
of a certificate of possession or a certificate of registration may include
suspension or revocation of the current certificate and the right to apply for
a renewal certificate.
(8) The
period for denial, suspension or revocation of a certificate of possession or
certificate of registration may not exceed three years, unless otherwise
provided by law. In determining the appropriate sanction, the Department of the
State Fire Marshal may consider the following criteria:
(a) The severity of the violation or
violations and the impact on public safety.
(b) The number of similar or related
violations.
(c) Whether the
violation or violations were willful or intentional.
(d) The prior history of sanctions imposed by
the Department of the State Fire Marshal against the individual or
person.
(e) Other circumstances
determined by the Department of the State Fire Marshal to be applicable to the
particular violation.
(9)
Any notice of denial, suspension or revocation issued by the Department of the
State Fire Marshal is mailed by certified mail to the most recent address on
file with the Department of the State Fire Marshal pursuant to OAR
837-012-1220(6).
Notes
Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
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