OAR 837-012-1390
Denial, Suspension or Revocation


(1)

The Office of 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 (Eligibility for certificate of possession) or 480.230 (Application for certificate of possession); or

(b)

The individual who has been issued a certificate of possession has been convicted of a violation under ORS 480.990 (Penalties)(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 (Eligibility for certificate of possession) or 480.230 (Application for certificate of possession), the Office of 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 (Eligibility for certificate of possession) or 480.230 (Application for certificate of possession).

(b)

An individual is ineligible for a certificate of possession under ORS 480.225 (Eligibility for certificate of possession)(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 (Penalties)(6), the Office of State Fire Marshal may consider the following guidelines:

(a)

If the individual has been convicted of one violation, the Office of 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 Office of 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 Office of State Fire Marshal may deny, suspend or revoke the certificate of possession for up to three years.

(4)

The Office of 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 (Definitions for ORS 480.200 to 480.290) to 480.290 (Requirements for person driving vehicle transporting explosives) or these rules; or

(b)

For failure to comply with any provision of ORS 480.200 (Definitions for ORS 480.200 to 480.290) to 480.290 (Requirements for person driving vehicle transporting explosives) or these rules.

(5)

If a magazine that has been issued a certificate of registration is found to be ineligible, the Office of 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 (Storage facility approval) 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 Office of 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 Office of State Fire Marshal against the individual or person.

(e)

Other circumstances determined by the Office of State Fire Marshal to be applicable to the particular violation.

(9)

Any notice of denial, suspension or revocation issued by the Office of State Fire Marshal is mailed by certified mail to the most recent address on file with the Office of State Fire Marshal pursuant to OAR 837-012-1220 (General)(6).

Source: Rule 837-012-1390 — Denial, Suspension or Revocation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-012-1390.

837–012–0305
Purpose and Scope—Pest Control Fireworks in Oregon
837–012–0310
Pest Control Fireworks Permit Applications
837–012–0315
Definitions
837–012–0320
Storage of Pest Control Fireworks
837–012–0325
Permits-Denial, Suspension, Revocation
837–012–0330
General
837–012–0340
Permit Fees
837–012–0350
Issuance of Pest Control Fireworks Permits
837–012–0360
Purchase of Pest Control Fireworks
837–012–0370
Prohibited Acts and Limitations
837–012–0500
Purpose and Scope—Wholesale Sales and Storage of Fireworks in Oregon
837–012–0505
Effective Dates
837–012–0510
Definitions
837–012–0515
General
837–012–0520
Wholesale Permit Applications
837–012–0525
Wholesale Permits
837–012–0530
Permit Fees
837–012–0535
Denial, Suspension and/or Revocation of Wholesale Permit
837–012–0540
Wholesale Sites Located in Oregon
837–012–0545
Sales and Records — General
837–012–0550
Sales to Out-of-State Residents by In-State Wholesalers
837–012–0555
Prohibited Acts and Limitations
837–012–0560
Civil and Criminal Enforcement Actions
837–012–0565
Transportation
837–012–0570
Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites
837–012–0600
Purpose and Scope—Retail Sales and Storage of Pyrotechnics (Allowed Fireworks) in Oregon
837–012–0605
Effective Dates
837–012–0610
Definitions
837–012–0615
General
837–012–0620
Retail Permit Applications
837–012–0625
Retail Permit Fees
837–012–0630
Issuance of Retail Permits
837–012–0635
Purchase of Retail Fireworks by Retail Permit Holder
837–012–0640
Permits — Denial, Suspension and/or Revocation
837–012–0645
Sales and Storage of Retail Fireworks
837–012–0650
Outdoor Sales
837–012–0655
Indoor Sales
837–012–0660
Records and Postings
837–012–0665
Advertisements
837–012–0670
Prohibited Acts and Limitations
837–012–0675
Civil and Criminal Enforcement Actions
837–012–0700
Purpose and Scope—Display of Fireworks in Oregon
837–012–0710
Effective Dates
837–012–0720
Definitions
837–012–0730
General
837–012–0740
Display Permit Applications
837–012–0750
Display Permit Application Fees
837–012–0760
Issuance of Display Permits
837–012–0770
Operator Certificate Applications
837–012–0780
Operator and Assistant Qualifications
837–012–0790
Issuance of Operator Certificate
837–012–0800
Renewal of Operator Certificate
837–012–0810
Training Course Instructor
837–012–0820
Pyrotechnician Training Course Requirements
837–012–0830
Denial, Suspension or Revocation of Display Permit or General or Limited Operator Certificate
837–012–0835
Purchase, Transportation and Storage of Display Fireworks
837–012–0840
Selection of Display Site and Set Up
837–012–0850
Construction of Fireworks Aerial Shells
837–012–0855
Barge Requirements
837–012–0860
Operation of Fireworks Display
837–012–0865
Operations for Barge Displays
837–012–0870
Loading and Firing of Shells
837–012–0875
Mortar Racks for Barge Displays
837–012–0880
Ground Display Fireworks
837–012–0890
Site Clean-Up
837–012–0900
Transportation and Storage
837–012–0910
Prohibited Acts and Limitations
837–012–0920
Records Keeping
837–012–0940
Civil and Criminal Enforcement Actions
837–012–0950
Insurance Requirements
837–012–0960
Fire Protection
837–012–0970
Reports for General Displays
837–012–1000
Authority and Application—Fireworks Citations and Civil Penalty Assessments
837–012–1010
Purpose and Scope
837–012–1020
Effective Dates
837–012–1030
Definitions
837–012–1040
General
837–012–1050
Violation Types, Instances, and Penalty Assessments
837–012–1060
Issuance of Civil Penalty Citation and Forwarding to the Office of State Fire Marshal
837–012–1070
Hearings
837–012–1080
Informal Conference
837–012–1090
Formal Hearing
837–012–1100
Penalty Adjustments
837–012–1110
Judicial Review
837–012–1120
Payment of Civil Penalty
837–012–1130
Type I Violations
837–012–1140
Type II Violations
837–012–1150
Type III Violations
837–012–1160
Type IV Violations
837–012–1200
Purpose and Scope—Explosives
837–012–1210
Definitions
837–012–1220
General
837–012–1230
Fees
837–012–1240
Applications
837–012–1250
Eligibility for a Certificate of Possession
837–012–1260
Certificate of Possession — Examination
837–012–1270
Certificate of Possession — Issuance
837–012–1280
Certificate of Possession - Renewal
837–012–1290
Explosives Storage
837–012–1300
Magazine Registration and Inspection
837–012–1310
State Fire Marshal Inspection of Magazines
837–012–1320
Certificate of Registration of Magazine — With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection
837–012–1330
Certificate of Registration of Magazine — Renewal
837–012–1340
Fire and Life Safety Standards
837–012–1350
Removal/Confiscation of Explosives
837–012–1360
Magazine Re-location — Reporting
837–012–1370
Record Keeping Requirements for Explosives
837–012–1380
Hazardous Materials Reporting
837–012–1390
Denial, Suspension or Revocation
837–012–1400
Contested Cases
837–012–1410
Informal Conference
837–012–1420
Formal Hearing
Last Updated

Jun. 8, 2021

Rule 837-012-1390’s source at or​.us