State Department of Agriculture

ORS 561.303
Refund of excess fees or penalties

  • conditions
  • refusal to refund


(1)

Notwithstanding the provisions of ORS 293.445 (Definition for ORS 293.445 to 293.460) (2), the State Department of Agriculture may, upon application therefor, make refunds and determine that moneys received by the department are not due or are in excess of amounts due as fees or penalties relating to the issuance or renewal of licenses, permits, registrations or certificates under its jurisdiction, whenever:

(a)

The amount received is in excess of the prescribed fee or penalty;

(b)

The applicant has not or will not engage in the activity requiring the license, permit, registration or certificate or use the license, permit, registration or certificate during the time period requiring the license, permit, registration or certificate, and has:

(A)

Died, or otherwise involuntarily become incapable of engaging in such activity; or

(B)

Applied for a license, permit, registration or certificate under a mistake of fact as to the need therefor; or

(c)

The applicant, as a condition to the issuance of a license, permit, registration or certificate, is required to meet certain personal qualifications, submit a bond, insurance certificate or other indemnity document to the department, or submit to a departmental examination, and due to causes beyond the control of the applicant cannot do so.

(2)

The department may refuse refunds and determine that moneys received by the department are due as fees or penalties relating to the issuance or renewal of licenses, permits, registrations or certificates under its jurisdiction whenever:

(a)

The applicant, as a condition to the issuance of a license, permit, registration or certificate, is required to submit to a departmental examination, analysis or inspection, and fails to voluntarily submit, complete or satisfactorily pass the examination, analysis or inspection;

(b)

The applicant voluntarily determines not to engage in the activity requiring the license, permit, registration or certificate;

(c)

The applicant has engaged in the activity requiring a license, permit, registration or certificate without having obtained a license, permit, registration or certificate, whether or not the applicant thereafter qualified under any of the provisions of subsection (1) of this section;

(d)

Other than costs of clerical processing of the application, the department has incurred costs for services performed in connection with the license, permit, registration or certificate, or application therefor;

(e)

The amount subject to being refunded to the applicant under subsection (1) of this section is less than $25; or

(f)

The application for refund is not submitted to the department during the time period of the license, permit, registration or certificate. [1975 c.758 §2; 2005 c.22 §382; 2009 c.404 §1]

Source

Last accessed
Jun. 26, 2021