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Grog House Inc. v. Oregon Liquor Control Commission

March 12, 1973

THE GROG HOUSE, INC., PETITIONER,
v.
OREGON LIQUOR CONTROL COMMISSION, RESPONDENT



Judicial review of an order of the Oregon Liquor Control Commission.

William F. Thomas, Portland, argued the cause and filed the brief for petitioner.

Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Langtry, Judge. Schwab, Chief Judge, and Fort, Judge.

Langtry

The petitioner, The Grog House, Inc., appeals from a decision of the respondent, Oregon Liquor Control Commission, denying its application for renewal of a liquor dispenser license. On May 10, 1972 the petitioner filed a timely application for the renewal of its license scheduled to expire on June 30,

1972. On August 17, 1972 the OLCC served the petitioner with notice of proposed refusal to renew dispenser license. The notice charged the petitionerlicensee with numerous violations of Oregon statutes and OLCC regulations, and informed the petitioner of its right to request a hearing before the OLCC as provided by ORS ch 183, ORS 472.189, and Oregon Administrative Rules, ch 845, ยง 10-490 (OAR 845-10-490). On August 23, 1972 the petitioner filed a motion with the OLCC requesting a hearing and a continuance thereof. With this motion the petitioner filed (1) a motion to make the notice of the proposed refusal to renew dispenser license more definite and certain in regard to the alleged violations and the dates and times thereof; and (2) a motion and affidavit for production and inspection of OLCC records pertaining to petitioner's case. On August 28, 1972, at the commencement of the requested hearing and after argument on them, the OLCC denied the latter two motions but provided:

"[The commission is going to put on its case now and complete it today] * * *. We will then adjourn * * * if you have a case in shape to put on * * * [until] 2:00 Wednesday afternoon [August 30, 1972] * * *."

This continuance gave petitioner a one and one-half day interval after hearing the commission's case to prepare its defense. Petitioner put on no case when the hearing reconvened, except to introduce two letters which Mr. Thomas, principal owner of petitioner, had written to commission. On September 26, 1972 the commission issued a final order denying petitioner's application for renewal of license. On appeal, the petitioner claims that the OLCC's refusal to grant the motion to make the notice more definite and certain

and the motion to produce and inspect records resulted in two separate denials of the petitioner's due process and fair hearing rights.

The petitioner's claim regarding the motion to make more definite and certain is grounded in the contention that the OLCC's original notice was inadequate for the preparation of a defense to the charges contained therein, because the notice failed to allege specific violations with dates and times thereof. Specifically, the petitioner contends that under ORS ch 183 and OAR 845-10-490 the OLCC is required to notify the licensee of each individual violation involved in the decision to refuse renewal of the license, and that, therefore, a statement of the time and date of each violation charged must be included in the notice.

In cases where the OLCC proposes to refuse an application for the renewal of a liquor license, the licensee is entitled to reasonable notice and a hearing. ORS 183.430(1); ORS 183.415(1); OAR 845-10-490. ORS 183.415(2) and OAR 845-10-490 ...


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