Revocation or refusal to renew private hunting preserve license
(1) In addition to the penalties provided in ORS 496.992 (Penalties), the State Department of Fish and Wildlife may revoke or refuse to renew a license issued under ORS 497.248 (Private hunting preserve license) if the operator fails to comply with any provision of ORS 497.248 (Private hunting preserve license) or any rule adopted by the State Fish and Wildlife Commission in relation to the operation of private hunting preserves.
(2) A new license may not be issued to a person whose license has been revoked unless it appears to the satisfaction of the department that the person will comply with the provisions of ORS 497.248 (Private hunting preserve license) and the rules adopted by the commission in relation to the operation of private hunting preserves.
(3) Notwithstanding subsection (1) of this section, the department may not revoke a license for a first violation.
(4) Prior to revoking or refusing to renew a license, the department shall serve written notice, in the manner prescribed for contested case proceedings pursuant to ORS 183.415 (Notice of right to hearing), on the operator of the private hunting preserve, ordering the operator to:
(a) Notify the department within 30 days of the service of the notice if the operator seeks a review of the proposed revocation or refusal to renew the license in the manner provided for contested case proceedings in ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases); and
(b) Set forth in any notification under paragraph (a) of this subsection the operator’s reasons why the license should be renewed or not be revoked.
(5) At the conclusion of a contested case proceeding conducted by the department pursuant to subsection (4) of this section, an operator may petition the commission for a review of the determination by the department. [2001 c.151 §3]
Note: 497.249 (Revocation or refusal to renew private hunting preserve license) was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 497 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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