Or. Admin. Code § 125-090-0175 - Rescission, Refusal to Issue or Renew; Appeal Process
(1) DAS may rescind an existing Parking
assignment, refuse to authorize Parking to, and may refuse to renew the
authorization of, any person who:
(a) Made a
material misrepresentation or false statement in the application or
certification for a Permit,
(b)
Made a material misrepresentation or false statement in the investigation of
any Parking matter,
(c) Failed to
comply with a condition of a Permit,
(d) Displayed a forged or altered Permit or a
Permit reported lost or stolen,
(e)
Failed to pay the appropriate charges for Parking Facilities use,
(f) Caused damage to Parking Facilities
property,
(g) Failed to comply with
the recertification requirements of a Permit.
(h) Violated the rules in this OAR, any
policies, or procedures as published by DAS on the use of the Parking
Facilities.
(i) Through their
communications or other actions have demonstrated that the State's best
interests, as determined by DAS, are to deny them access to DAS controlled
Parking Facilities.
(j) Failed to
supply valid written or certifiable electronic signatures on DAS required
documents or provided forged signatures on DAS required documents.
(2) DAS may refuse to issue or to
renew authorization for any of the reasons stated in this rule only after
giving notice and an opportunity for an appeal. DAS shall send a notice to
Applicant by e-mail of DAS's intent to refuse to issue or renew authorization
to Park. DAS shall send the notice to the e-mail addresses in the refused
application or last address on file with DAS.
(3) The Manager shall provide an opportunity
for an appeal of disputed rescissions, refusals to issue or renew if requested
in Writing by the appealing party. The appeal must be received by DAS within 14
days of the notice. The Manager shall review the appeal without formal rules of
evidence and shall provide an opportunity for presentation of circumstances
surrounding the disputed decision. The Manager shall issue a decision in
Writing. The Manager is not required to make findings of fact and conclusions
of law. The Manager's decision is final.
(4) When DAS has refused to renew a parking
Permit, a Permit holder shall immediately return all Permits and placards to
DAS.
(5) A person whose
authorization to use Parking Facilities is rescinded, refused or not renewed
under this section is not eligible to apply for use of Parking Facilities for a
period to be determined by Manager based on the facts of the circumstances and
whether the person has previously been the subject of rescissions, refusal or
non-renewal by DAS.
(6) Sections
(2) and (3) above do not apply for situations where DAS must take immediate
action to rescind Parking, refuse Parking, or deny access to an individual to
safeguard the Parking Facilities, Parking Facility users, and the public. DAS
may engage with State and local law enforcement as necessary for this purpose.
The Manager shall document the circumstances, the action taken, and coordinate
with Agency human resources offices and law enforcement as
appropriate.
Notes
Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.594, ORS 98.805 & 184.340
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