The OLCC is in the process of clarifying and streamlining its rules that specify when the agency has a basis to deny a service permit application and when “good cause” exists for overcoming such denial criteria. The proposed changes are consistent with the OLCC’s regulatory goals and should not be unduly burdensome to future service permit applicants.
The denial criteria would be broken into three general categories:
1. Felony Convictions.
2. DUII’s and Liquor Law Violations.
3. Habit of Using to Excess.
Felony convictions that could serve as a basis for denying a service permit application include convictions involving drugs, violence, or driving while suspended. The rule is drafted broadly to include such convictions under both Oregon and non-Oregon law. The Commission would look back two years for individuals with a single felony conviction and four years for multiple felony convictions from the date that the Commission receives an application.
DUII and liquor law violations include both felony and misdemeanor convictions. The rule is drafted broadly to include convictions related to or involving alcohol generally. The Commission would deny an application if the applicant had two or more such violations provided that at least two of them occurred within four years of the date that the application was received.
The Commission will determine that the applicant has a “habit of using to excess” based on a number of factors. The Commission will deny a service permit if the applicant has two or more drug or DUII convictions, or diversions, provided that at least two of incidents occurred within five years of the date the Commission received the application and at least one occurred within the last 12 months.
“Good Cause” largely would turn on whether the applicant had a drug or alcohol addiction problem at the time of the incidents that are the basis for the denial criteria. The applicant would have the burden of establishing good cause by providing the following:
1. Evidence of drug or alcohol addiction problems;
2. Sworn statement that the applicant has not used alcohol or controlled substances in the preceding 12 months;
3. Written proof of completion of a treatment program and continuing compliance with any treatment recommendations; and
4. Evidence that the applicant is complying with any probation requirements (if applicable).
To learn more about the rule making, click here.