(1) Revocation or
Suspension if Out of Compliance. The Department may revoke or suspend an
authorization if an alleged violator is not in compliance with any conditions
of an authorization, or if the applicant failed to provide complete and
accurate information in the permit application.
(2) Suspension for Delinquency of Payment.
Any authorization shall be suspended during any period of delinquency of
payment of the renewal fee and will be treated as though no authorization had
Revoke or Suspend Authorization. The Department may initiate the following
proceedings to revoke an authorization:
The Department will issue a Notice of Intent to Revoke or Suspend to the
alleged violator stating the intent to revoke or suspend the authorization;
The Notice will include the
(A) A statement of the
alleged violator's right to a contested case hearing within 20 calendar days of
receiving the notice;
statement of the authority and jurisdiction under which the contested case
hearing is to be held;
Citations for the relevant sections of law and rule;
(D) A short and plain statement of the
matters asserted or charged as constituting the violation(s); and
(E) A statement of any action that is
necessary by the alleged violator to correct or offset the effects of the
violation including, but not limited to, removal of filled material or
replacement of removed material.
Any action specified in the notice will
include a reasonable time period in which to complete the corrective action.
(A) If the alleged violator completes such
action within the specified time period, the revocation or suspension procedure
will be terminated; and
(B) If the
authorization holder fails to request a contested case hearing, the Department
may issue a final order revoking or suspending the authorization after
presenting a prima facie case demonstrating that a violation has
Revocation or Suspension of Multi-Year Authorizations. If a person fails to
comply with reporting requirements or any other condition of a multi-year
authorization the Department may revoke the multi-year status and require
annual renewal, suspend the permit pending correction, or take any other
enforcement action available to the Department.
Appeals Procedures. Procedures for
requesting an appeal on a revocation or suspension are as set forth in OAR
(4) and (6).
Or. Admin. R. 141-085-0780
DSL 1-2009, f. 2-13-09,
cert. ef. 3-1-09; DSL 1-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f.
9-28-12, cert. ef. 9-29-12
Stat. Auth.: ORS
Stats. Implemented: ORS