OAR 837-020-0105
License Denials, Revocations, Suspensions; and Appeals
(1)
The State Fire Marshal may deny, revoke, or suspend a nonretail facility or conditional nonretail facility license if the owner or operator:(a)
Fails to comply with OAR 837-020-0040 (General), or any other rule, pertaining to nonretail fuel dispensing, adopted by the State Fire Marshal; or(b)
Falsifies any information in the application for the license.(2)
The option of denial, revocation or suspension may be based on the following:(a)
The number of similar or related violations alleged to have been committed in the current license year;(b)
Whether the violation or violations were willful or intentional;(c)
The prior history of violations committed by the owner or operator; or(d)
Other circumstances determined by the State Fire Marshal to be applicable to the particular violation or violations.(3)
Suspension or revocation of a license may include suspension or revocation of the current license and the right to apply for a subsequent license.(4)
Where the State Fire Marshal has alleged a self-service violation at a retail facility, nonretail facility, or conditional nonretail facility, the burden of proof to show the purchase was in compliance with the requirements of ORS 480.330 (Operation of gasoline dispensing device by public prohibited) through 480.385 (Civil penalty for gasoline dispensing law violations) and OAR chapter 837, division 20 shifts from the state to the owner or operator once the state establishes and provides the owner or operator with the following information:(a)
The date and time of the alleged violation;(b)
The facility location, including the pump number where the alleged violation occurred;(c)
The vehicle description and license number; and(d)
A description of the individual dispensing the Class 1 flammable liquids.(5)
Any owner or operator who applies for a license required by OAR 837-020-0085 (Nonretail and Conditional Nonretail Facility License Requirements), and whose application is denied, is entitled to file an appeal. Appeals are conducted as contested case proceedings pursuant to ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).(6)
Before suspending, revoking or terminating a license issued under OAR 837-020-0085 (Nonretail and Conditional Nonretail Facility License Requirements), the State Fire Marshal will give prior notice to the licensee and offer a hearing. If requested, such hearings are conducted as contested case proceedings pursuant to ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).(7)
Where the State Fire Marshal proposes to assess a civil penalty under ORS 480.385 (Civil penalty for gasoline dispensing law violations) and OAR 837-020-0125 (Violations General and Violation Classes), appropriate notice of appeal rights will be given under ORS 480.385 (Civil penalty for gasoline dispensing law violations).(8)
Judicial review of a final order made after a hearing requested under section (1) or (2) of this rule will be as provided in ORS 183.480 (Judicial review of agency orders) to 183.497 (Awarding costs and attorney fees when finding for petitioner) for judicial review of contested cases.(9)
Nothing in this Section may prevent the State Fire Marshal from closing a nonretail facility or a conditional nonretail facility under ORS 479.170 (Ordering repair of, or removal of material from, buildings), provided that the accelerated appeals process explained in ORS 479.180 (Appeal from order to comply with fire prevention statutes) is observed.(10)
Where a nonretail customer or a conditional use customer account list has been submitted to the State Fire Marshal during enforcement or appeal proceedings, the State Fire Marshal will treat the list as confidential to the extent allowed by law.
Source:
Rule 837-020-0105 — License Denials, Revocations, Suspensions; and Appeals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=837-020-0105.