2011 ORS § 319.628¹
Grounds for refusal to issue users or sellers license
- • hearing
- • records inspection
(1) The Department of Transportation may refuse to issue a users license or a sellers license to a person who applies as provided in ORS 319.560 (Application for and issuance of users license) or 319.621 (Sellers license) if the department finds that the person:
(a) Was the holder of a license revoked under ORS 319.630 (Revocation of license);
(b) Is applying for a license on behalf of a real party in interest whose license was revoked under ORS 319.630 (Revocation of license);
(c) Was an officer, director, owner or managing employee of a nonindividual licensee whose license was revoked under ORS 319.630 (Revocation of license);
(e) Had a license issued by a jurisdiction other than Oregon to sell or use untaxed use fuel that was revoked or canceled for cause, whether the license was held by the person as an individual or as an officer, director, owner or managing employee or on behalf of a real party in interest;
(f) In any jurisdiction, pleaded guilty to or was convicted of a crime directly related to the sale, use or distribution of use fuel, whether as an individual or as an officer, director, owner or managing employee of a business engaged in the sale or distribution of use fuel;
(g) Had a civil judgment imposed for conduct involving fraud, misrepresentation, conversion or dishonesty, as an individual or as an officer, director, owner or managing employee of a business engaged in the sale or distribution of use fuel;
(h) Misrepresented or concealed a material fact in obtaining a license or in the reinstatement thereof;
(i) Violated a statute or administrative rule regarding fuel taxation or distribution;
(j) Failed to cooperate with the departments investigations by:
(A) Not furnishing requested documents;
(B) Not furnishing when requested to do so a full and complete written explanation of a matter under investigation by the department; or
(C) Not responding to a subpoena issued by the department; or
(k) Failed to comply with an order issued by the department.
(2) In addition to refusal of a license for reasons specified in subsection (1) of this section, the department may refuse to issue a users license or sellers license for any other reason the department deems sufficient.
(3) Before refusing to issue a license under this section, the department shall grant the applicant a hearing and shall give the applicant at least 10 days written notice of the time and place of the hearing. The hearing shall be a contested case hearing under the provisions of ORS chapter 183.
(4) For purpose of consideration of an application for a license, the department may inspect or investigate the records of this state or of any other jurisdiction to verify the information on the application and to verify the applicants criminal and licensing history. [1999 c.769 §20]