Or. Admin. Code § 837-090-1025 - Payments and Billings

(1) Hazardous Substance Possession Fee payments are due by January 1 unless otherwise specified on the fee assessment statement.

(2) Hazardous Substance Possession Fees shall be due retroactively to January 1 of each year, for those persons who had been notified but failed to previously submit required complete and accurate Hazardous Substance Information Surveys as required by OAR 837-085-0010 to 837-085-0090.

(3) In the absence of other data, current survey data will be used to assess the fee(s) for the previous year(s) when a firm was subject to the Hazardous Substance Information Survey and assessed fees.

(4) Persons who fail to pay the assessed fee within 60 days of the due date shall be assessed a late penalty fee of five percent of the fee amount.

(5) Persons who pay the assessed fee 60 days or more after the due date on the fee assessment statement shall be subject to payment of interest at the rate prescribed under ORS 305.220.

(6) Persons subject to retroactive fee assessments shall be subject to payment of interest at the rate prescribed under ORS 305.220.

(7) The Department of the State Fire Marshal shall, for each year a fee is due, send a statement to each person subject to the fee indicating the amount of fee due and the due date.

(8) The Department of the State Fire Marshal may extend for good cause, up to one month, the due date for fee payment:

(a) The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted;

(b) If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, for each month, or fraction of a month, from the time the payment was originally due to the time payment is actually made, shall be added and paid.

(9) If the person fails to pay the amount due, the State Fire Marshal may either:

(a) Bring an action for the recovery of the fee due; or

(b) Initiate a contested case hearing according to the applicable provisions of ORS 183.310 to 183.550.

(10) Notwithstanding any provision of ORS 183.310 to 183.550, nothing in section (9) of this rule shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (9)(a) of this rule.

Notes

Or. Admin. Code § 837-090-1025

FM 7-1990(Temp), f. & cert. ef. 11-15-90; FM 3-1991(Temp), f. & cert. ef. 12-23-91; FM 7-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02; OSFM 28-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 453.408

Statutes/Other Implemented: ORS 453.400 - 403.404