Or. Admin. Code § 635-049-0175

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-049-0175 - License Applications

(1) An applicant seeking a license for the first time must submit to Department headquarters the following information on a form provided by the Department:

(a) The species, subspecies and number of cervids to be held;

(b) Date of application;

(c) Location and size of facility;

(d) Whether the applicant is an individual, partnership, corporation, limited liability company or other legal entity. If a partnership, the application must provide the full names and addresses of the partners. If a corporation, the application must provide the full names and addresses of all officers, directors and stockholders. If a limited liability company, the application must provide the full names and addresses of all members and managers. If the applicant is structured as a tiered organization, the application must provide the full names and address of all of the partners; or officers, directors and stockholders; or members and managers of each constituent entity within the tiered organization;

(e) A diagram of the proposed facility and its relationship to local landforms (e.g., bodies of water, hills, roadways, etc.);

(f) A description of the applicant's technical ability to successfully maintain and operate a cervid holding facility;

(g) Whether the applicant (or any of its partners, officers, directors, shareholders, members, managers or employees) has been convicted of a felony or misdemeanor or otherwise found or admitted to have committed any violation (criminal or civil) involving natural resources (wildlife, forestry, fisheries, environment); and

(h) A statement from the appropriate local planning authorities that the proposed facility complies with the local comprehensive land use plan and land use ordinances.

(2) These timelines govern the Department's processing of a license application:

(a) Within 30 days of receiving an application, the Department must determine whether the application is complete or notify the applicant in writing of any deficiencies;

(b) Within 60 days of receiving a complete and accurate application, the Department must determine whether the applicant qualifies for a license and notify the applicant in writing of this decision.

(c) Upon qualification for a license, it is the applicant's responsibility to request a facility inspection by the Department. This inspection must occur within 30 days of the applicant's request and before cervids occupy the facility.

(d) Within 14 days after the inspection, the Department must inform the applicant in writing whether the facility passes inspection. If the Department determines that the facility does not pass inspection, it must inform the applicant of any deficiencies and allow the applicant 60 days to correct them.

(e) Within the 60-day period noted in paragraph (d), the applicant may ask the Department to reinspect the facility. The Department must reinspect within 30 days of such request. If the facility again fails to pass inspection, the application is deemed denied.

(f) Upon approving the facility, the Department will issue a license. Upon receipt of the license, the applicant may place cervids in the facility.

(3) The Department may grant a license only if it determines that:

(a) The operation will not tend to be harmful to wildlife populations existing outside the facility;

(b) The applicant has the technical ability to successfully operate and maintain a cervid facility;

(c) The applicant can be expected to comply with all legal requirements; and

(d) The proposed holding facility is adequate and complies with all legal requirements.

Or. Admin. Code § 635-049-0175

DFW 52-2008, f. & cert. ef. 5-28-08

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106