Or. Admin. Code § 845-025-1190 - License Renewal
(1) A licensee
must annually submit a renewal application and the applicable fees regardless
of whether the Commission has acted on a previous renewal application. A
research certificate holder must submit a renewal application and the
applicable renewal fees every three years, regardless of whether the Commission
has acted on a previous renewal application.
(2) For purposes of this rule "license
expiration date" means:
(a) The date of
expiration on a license; or
(b) If
the Commission has not acted on a pending license renewal application, the date
the pending license would expire if the application had been
approved.
(3) Except as
described in section (9) of this rule, a licensee who annually and timely
submits a renewal application as described in section (8) of this rule on or
before the license expiration date may continue to operate, pending a decision
by the Commission.
(4) A licensee
who fails to annually and timely submit a renewal application as described in
section (8) of this rule on or before the license expiration date must stop
engaging in any licensed activity when the license expires.
(5) Except as described in section (9) of
this rule, if a licensee annually submits a renewal application as described in
section (8) of this rule within 30 days after the license expiration date, the
licensee may resume operation pending a decision by the Commission on the
renewal application.
(6) The
Commission will not accept a renewal application that is received more than 30
days after the license expiration date. In this circumstance, a person:
(a) May submit a new application, including
the application fee, license fee, documents, and information required by the
Commission; and
(b) Must not engage
in any licensed activity unless and until granted a new license by the
Commission.
(7) A person
who engages in any activity that would require a license but who is not
licensed or who is not otherwise authorized to operate under this rule may be
subject to administrative and criminal sanctions.
(8) For purposes of this rule, in order for a
renewal application to be considered submitted all of the following must be
received by the Commission:
(a) A fully
completed renewal application signed by an applicant; and
(b) The appropriate renewal application and
license and renewal fees described in OAR
845-025-1060 and
845-025-1070.
(9) Certificates of tax
compliance.
(a) A retailer licensee that
submits a renewal application must also submit a certificate of tax compliance
issued no earlier than 90 calendar days prior to the expiration date listed on
the current license certificate for each applicant as that term is described in
OAR 845-025-1045.
(b) Temporary Extensions.
(A) A retailer licensee that has submitted a
renewal application but has not submitted all certificates of tax compliance
may continue to operate no more than 90 calendar days following the expiration
date listed on the current license certificate, pending a decision by the
Commission.
(B) A retailer licensee
may request additional time to obtain all required certificates of tax
compliance, which the Commission will consider on a case-by-case basis. The
request must be made in writing and made no earlier than seven calendar days
prior to the expiration of the timeframe set forth in this subsection, and must
include, at a minimum:
(i) Documentation that
verifies the retailer licensee has been working diligently towards obtaining
all certificates of tax compliance from prior to expiration of the
license;
(ii) A detailed
explanation of the reasons they have not obtained all certificates of
compliance prior to expiration of the timeframe set forth in this subsection;
and
(iii) Evidence that the retail
licensee is compliant with all marijuana tax payments due to Department of
Revenue at the time of the request.
(c) Unless granted an extension under this
section,
if a retailer licensee fails to provide all
certificates of tax compliance as required under this rule within 90 calendar
days of the expiration date listed on the current license certificate, the
Commission shall consider the renewal application to be incomplete and the
license to be expired as of the expiration date listed on the current license
certificate. The Commission shall notify the applicant in writing that the
application is incomplete.
(d) For
the purposes of this section, if the Commission has not acted on the retailer
licensee's previous renewal application, "the expiration date listed on the
current license certificate" means the license expiration date prior to the
submission of the most recent renewal application.
(10) The Commission may require a licensee
with a pending renewal application to submit forms, documents, and information
described in OAR 845-025-1030 in order to
complete an investigation of a renewal application. Failure to submit fees,
forms, documents or information requested by the Commission under this section
within a time period prescribed by the Commission may result in denial of the
renewal application.
(11) If the
Commission approves a renewal application, the Commission must notify the
licensee in writing that the renewal application has been approved and provide
the licensee with proof of licensure that includes a unique license number, the
effective date of the license, date of expiration, and a description of
premises for which the license was issued. The renewed license is effective for
a license year beginning the date following the license expiration date for the
previous license year.
(12) An
applicant may submit a written request for reconsideration of a decision that a
renewal application is incomplete. Such a request must be received by the
Commission within ten days of the date the incomplete notice was sent to the
applicant. The Commission shall give the applicants the opportunity to be heard
if an application is rejected. A hearing under this section is not subject to
the requirements for contested case proceedings under ORS
183.310 to
183.550.
(13) Except as provided in OAR
845-025-1060
(6), the Commission will refund a renewal
license fee to an applicant whose application is not timely submitted and whose
license expires, within 180 calendar days of when the license renewal fee was
paid.
Notes
Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097 & 475C.548
Statutes/Other Implemented: ORS 475C.033
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