Or. Admin. Code § 333-333-4130
Current through Register Vol. 63, No. 12, December 1, 2024
Section 333-333-4130 - [Effective until 1/1/2025] Application Denial(1) The Oregon Health Authority (Authority) shall deny an application if: (a) An applicant is under the age of 21.(b) The applicant for a facilitator license is not an individual person.(c) The applicant's land use compatibility statement shows that the proposed land use is prohibited if a land use compatibility statement is required by these rules.(d) The proposed licensed premises is located on state or federal land.(e) If required, the applicant does not have an approved fitness determination in accordance with OAR 333-333-4100.(f) The application identifies more than one licensed premises.(g) The application identifies a licensed premises that fails to comply with the requirements of OAR 333-333-4300.(2) Until January 1, 2025, the Authority shall deny an application for a service center or manufacturer license if: (a) An individual applicant who does not qualify as an Oregon resident owns or controls greater than 50 percent of the entity proposed to be licensed; or(b) At least 50 percent of shares, membership interests, partnership interests, or other ownership interests in the entity proposed to be licensed are held by individuals who do not qualify as Oregon residents.(3) Until January 1, 2025, the Authority shall deny an application for a facilitator license if the applicant is not an Oregon resident.(4)(a) An applicant for a service center is ineligible for a license and the Authority shall deny an application if any portion of the proposed licensed premises for a service center applicant is located, except as provided in ORS 475A.310, within 1,000 feet of: (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or(B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a).(b) For purposes of determining the distance between a service center and a school, "within 1,000 feet" means a straight-line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a school to the closest point of the licensed premises of a service center.(c) In order for the Authority to determine whether there is a physical or geographical barrier that qualifies for the exception under ORS 475A.310, the applicant must demonstrate, in a form and manner prescribed by the Authority, that a physical or geographic barrier exists, and the barrier is capable of preventing children from traversing to a proposed licensed premises. Examples of physical barriers include prisons or interstate highways. Examples of geographic barriers include rivers and mountains. Private properties, shallow streams, locked doors or property fences do not qualify for a school exclusion exception request.(5) The Authority may deny an application when a person with a financial interest meets any license denial criteria that apply to applicants.(6) The Authority may revoke a license for any reason it may deny an application.(7) The Authority may deny an application for any reason identified in ORS 475A.250.Or. Admin. Code § 333-333-4130
PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022; PH 58-2023, amend filed 12/21/2023, effective 1/1/2024Statutory/Other Authority: ORS 475A.235 & ORS 475A.250
Statutes/Other Implemented: ORS 475A.235, ORS 475A.250, ORS 475A.290, ORS 475A.305, ORS 475A.325 & ORS 475A.310