1. (1) The Commission will not issue or renew a service permit unless the applicant or permittee has complied with the requirements of ORS 471.542 and Commission rules related to the completion of an approved alcohol server education course.

2. (2) An applicant:

   1. (a) May take the course and pass the exam anytime within two years before the date the Commission receives the person's completed service permit application; or
   2. (b) Must take the course and pass the exam no later than 45 days after the applicant submits the service permit application to the Commission and pays the fee in section (6) of this rule. The Commission will return the application as incomplete if the applicant has not completed the course and passed the exam within the 45 day limit unless the Commission has approved a hardship extension as described in Sections (3) and (4) of this rule.

3. (3) ORS 471.542(3) allows the Commission to extend the time limit for completing the course and passing the exam for hardship reasons. The only hardship extensions the Commission will approve are ones for applicants:

   1. (a) Living in counties with a population under 100,000; and
   2. (b) Who demonstrate in writing unusual circumstances beyond the applicant's ability to control or prevent that keep the applicant from completing the course and exam within 45 days.

4. (4) A hardship extension may not exceed 75 days from the date the Commission received the applicant's service permit application. An applicant must submit an extension request within 45 days from the date the Commission received the application. The request must include:

   1. (a) The name of the county that the applicant lives in, and a statement that the population of the county is under 100,000; and
   2. (b) A detailed description of the unusual circumstances that keep the applicant from completing the course and exam within 45 days; the description must demonstrate that the circumstances are beyond the applicant's ability to control or prevent. The applicant must also include the amount of time needed, and the time requested may not exceed 75 days from the date the Commission received the person's service permit application. The Commission will notify the applicant in writing of its approval or denial; an approval will include the length of the hardship extension.

5. (5) Service Permit Requalification and Renewal. A service permittee must renew their service permit every five years. As a condition of renewal, ORS 471.542(2) requires that a permittee retake the alcohol server education course and pass the examination every five years. Renewal of a service permit includes the following:

   1. (a) Submission of a renewal application;
   2. (b) Payment of the applicable fee(s) as described in section (6) of this rule; and
   3. (c) Completion of the alcohol server education course and exam within two years prior to the service permit expiration date.
   4. (d) Renewal applications will be reviewed in accordance with Commission rules, including but not limited to: OAR 845-009-0005 through OAR 845-009-0105.
   5. (e) If the Commission issues a temporary service permit for the renewal application, it is effective no earlier than the first date after the expiration of the prior permit.
   6. (f) If the Commission approves the renewal application, the new service permit will be effective no earlier than the first date after the expiration of the prior permit.
6. (6) A service permit applicant must include a $23 service permit application fee. An application that does not include the application fee and, if applicable, a convenience fee charged by the vendor will be considered incomplete under OAR 845-009-0005.

Statutory/Other Authority

ORS 471.030 & 471.730(1)

Statutes/Other Implemented

ORS 471.542, 471.547 & 2024 OL Ch. 40 Sec. 15

History

OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 16-2017, amend filed 12/29/2017, effective 01/01/2018
OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02
OLCC 1-1999, f. 1-25-99, cert. ef. 3-1-99
OLCC 5-1991, f. 3-1-91, cert. ef. 4-1-91, Renumbered from 845-016-0110
OLCC 5-1989, f. 5-24-89, cert. ef. 5-29-89
OLCC 8-1988(Temp), f. 11-8-88, cert. ef. 12-1-88
OLCC 7-1988, f. 9-13-88, cert. ef. 10-1-88
OLCC 17-1987, f. 4-30-87, cert. ef. 5-1-87
LCC 31-1986(Temp), f. 12-1-86, cert. ef. 12-8-86