Or. Admin. Code § 257-100-0080 - Hearing Procedure
(1) OSP
may deny, refuse to reissue, suspend or revoke a qualification of a
manufacturer or manufacturer's representative, or refuse or discontinue a
working relationship with any manufacturer's representative liaison if the
department after a thorough investigation determines the manufacturer,
manufacturer's representative, or liaison to be intentionally untruthful,
deceptive, operates outside the permissions of program requirements, and/or
falsely completes or alters any written instrument related to the ignition
interlock device program.
(2) OSP
may, without prior hearing, suspend or refuse to renew qualification of an
ignition interlock device for use in Oregon under ORS 183.430(2), if OSP
determines that there is a serious danger to the public health or safety that
requires immediate action.
(3) OSP
may deny, refuse to reissue, suspend or revoke a certification for a
manufacturer or manufacturer's representative upon OSP's determination that any
applicant or certification holder had failed to meet standards, comply, or no
longer complies with any requirement or provision listed in OAR 257-100-0010
through 257-100-0075.
(4) OSP may
deny, refuse to reissue, suspend, or revoke a certification for a service
center upon OSP's determination that any applicant or certification holder has
failed to meet standards, comply, or no longer complies with any requirement or
provision of the service center requirements listed in OAR 257-100-0025. A
manufacturer or manufacturer's representative whose certification is denied or
revoked may not re-apply for certification until 180 calendar days have passed
from the date of denial or revocation. A service center whose certification is
revoked may not reapply for certification until 180 calendar days have passed
from the date of revocation. Prior to OSP re-issuing certification to a
manufacturer's representative or service center after a denial, suspension, or
revocation, a manufacturer's representative or service center must be fully
compliant with all administrative rules, statutes and must have paid all
required fees.
(5) Before any
denial, refusal to reissue, suspension, or revocation of a manufacturer's or
manufacturer's representative's qualification or service center's certification
is taken, an investigation of the complaint or violation will be performed by
OSP. The manufacturer's representative is entitled to notice of the proposed
action and an opportunity for hearing, as prescribed in Oregon Administrative
Procedures Act, ORS 183.413 to 183.500
(6) OSP may remove a device model from the
list of qualified devices upon OSP's determination that any device model failed
to meet standards or no longer complies with requirements in ORS 813.600 or OAR
257-100-0010, OAR 257-100-0050 or OAR 257-100-0055. If a device model is
removed, the device model may not be installed for 180 calendar days from the
date of removal.
(7) Other than a
voluntary request to remove a device from the list of qualified devices, OSP
may remove a device from the list of qualified devices after an investigation
of the complaint or violation is performed by OSP. The device manufacturer or
manufacturer's representative is entitled to notice of the proposed action and
an opportunity for hearing, as prescribed in Oregon Administrative Procedures
Act, ORS 183.413 to 183.500.
(8) A
request for an administrative hearing must be filed in writing and received by
OSP within sixty (60) calendar days after the date of the notice of action.
(a) The request for an administrative hearing
may be sent to Oregon State Police Ignition Interlock Device Oversight Program,
3565 Trelstad Avenue SE, Salem OR 97317; or
(b) Emailed to
ospiid@osp.oregon.gov.
(9) Notwithstanding section (2) and (8), a
decision to remove a device is effective 30 calendar days from the date of the
notice of proposed action.
Notes
Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 - 813.680
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