If you believe you received a tobacco retail license penalty notice in error, you have a good reason to appeal. You should appeal when:
- You have evidence the Health Department made an error during the inspection, or
- You have evidence the violation did not occur as reported
Before You Start
We must receive your appeal request at our office within 10 days of the penalty notice. You can find this form with your penalty notice.
If you request an appeal, the penalty process will pause and you may continue business as usual. Any penalty fees or suspensions are put on hold until a decision is made about the appeal.
You do not need to hire an attorney to appeal.
The hearings officer can’t change the penalty fee or suspension period.
What to Do
1. Complete and send us your appeal request form.
- Say why you disagree with the violation and give evidence to support your appeal
- Sign it
- Send it to us by email, mail or deliver in person
2. Pay the $50 appeal fee.
You can pay online, by check or credit card over the phone.
3. Attend the appeals hearings.
If we receive your appeal request within 10 days of the penalty notice, we will schedule a hearing. The hearing will be held online.
The hearings officer will hear from the retailer and from Tobacco Prevention & Control Program staff.
If you hire an attorney to represent you, a Multnomah County attorney will also attend.
3. Wait for a decision.
The hearings officer will decide whether a violation occurred. They will make a ruling within 20 calendar days of the hearing.
What Happens Next
If the hearings officer agrees with you: The penalty will be removed from the license holder’s record. No further action is needed.
If the hearing officer doesn't agree with you: The penalty will remain in place. We will set a new penalty due date, and if needed, a new start date for the required suspension or revocation period.