(a) The amount received is in excess of the prescribed fee or penalty;
(b) The applicant has not or will not engage in the activity requiring the license, permit, registration or certificate or use the license, permit, registration or certificate during the time period requiring the license, permit, registration or certificate, and has:
(A) Died, or otherwise involuntarily become incapable of engaging in such activity; or
(B) Applied for a license, permit, registration or certificate under a mistake of fact as to the need therefor; or
(c) The applicant, as a condition to the issuance of a license, permit, registration or certificate, is required to meet certain personal qualifications, submit a bond, insurance certificate or other indemnity document to the department, or submit to a departmental examination, and due to causes beyond the control of the applicant cannot do so.
(2) The department may refuse refunds and determine that moneys received by the department are due as fees or penalties relating to the issuance or renewal of licenses, permits, registrations or certificates under its jurisdiction whenever:
(a) The applicant, as a condition to the issuance of a license, permit, registration or certificate, is required to submit to a departmental examination, analysis or inspection, and fails to voluntarily submit, complete or satisfactorily pass the examination, analysis or inspection;
(b) The applicant voluntarily determines not to engage in the activity requiring the license, permit, registration or certificate;
(c) The applicant has engaged in the activity requiring a license, permit, registration or certificate without having obtained a license, permit, registration or certificate, whether or not the applicant thereafter qualified under any of the provisions of subsection (1) of this section;
(d) Other than costs of clerical processing of the application, the department has incurred costs for services performed in connection with the license, permit, registration or certificate, or application therefor;
(e) The amount subject to being refunded to the applicant under subsection (1) of this section is less than $25; or
(f) The application for refund is not submitted to the department during the time period of the license, permit, registration or certificate. [1975 c.758 §2; 2005 c.22 §382; 2009 c.404 §1]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 561 - State Department of Agriculture
Section 561.005 - Definitions.
Section 561.020 - Responsibility of department as to inspectional, regulatory and development work.
Section 561.030 - Seal; principal office; authority to acquire real property.
Section 561.060 - Salaries and bonds of employees.
Section 561.070 - Assistants and employees; appointment, classification and duties.
Section 561.075 - Reports to director; publications.
Section 561.144 - Department of Agriculture Service Fund; sources.
Section 561.150 - Department of Agriculture Account.
Section 561.191 - Program and rules relating to water quality.
Section 561.192 - Code of regulations; compilation and publication.
Section 561.194 - Distribution of code of regulations.
Section 561.200 - Prohibitions against the obstruction of officers, agents or employees.
Section 561.258 - Regulation of vermiculture.
Section 561.265 - Inspecting records of persons required to pay fees to department.
Section 561.279 - Issuance of subpoenas by department for investigations or hearings.
Section 561.303 - Refund of excess fees or penalties; conditions; refusal to refund.
Section 561.315 - Publication of product test reports.
Section 561.362 - Activities of Oregon State University.
Section 561.364 - Cooperation with Oregon State University.
Section 561.372 - State Board of Agriculture created; member qualifications; terms.
Section 561.374 - Compensation and expenses; organization; meetings; quorum.
Section 561.376 - Legislative findings; State Board of Agriculture duties.
Section 561.378 - State Board of Agriculture report.
Section 561.410 - Department’s granting of credit; invoice; payment due date.
Section 561.430 - Deposit or bond to secure payment.
Section 561.510 - Quarantines; establishment by rule; content; public hearing.
Section 561.540 - Rules and regulations governing quarantines.
Section 561.545 - Permits for shipments of articles subject to quarantine.
Section 561.560 - Emergency quarantine; publication of notice; powers of Governor; duration.
Section 561.580 - Cooperation with United States and other states with respect to quarantines.
Section 561.605 - Detention, seizure or embargo of agricultural products; labeling; notification.
Section 561.610 - Request for hearing; when held.
Section 561.615 - Conduct of hearing; action by department.
Section 561.620 - Procedure when products disposed of; salvage.
Section 561.700 - New Crops Development Board; membership; terms; compensation and expenses.
Section 561.710 - Officers; quorum; meetings.
Section 561.720 - Duties; authority.
Section 561.738 - Definitions for ORS 561.738 and 561.740.
Section 561.740 - Regulation of biopharmaceutical crops; fees.