Or. Admin. Code § 259-008-0340 - Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures
(1) Upon a
determination to proceed with an emergency suspension or a denial or
revocation, the Department will prepare and serve a Notice of Intent on the
individual or public safety professional.
(2) Response Time:
(a) A party who has been served with an
Emergency Suspension Order has 90 days from the date of mailing or personal
service of the Order to file a written request for a hearing with the
Department.
(b) A party who has
been served with a Notice of Intent to Deny Certification has 60 days from the
date of mailing or personal service of the Notice to file a written request for
a hearing with the Department.
(c)
A party who has been served with a Notice of Intent to Revoke Certification has
20 days from the date of mailing or personal service of the Notice to file a
written request for a hearing with the Department.
(3) Default Orders. If the Department does
not receive a timely request for a hearing, the Notice of Intent will become a
Final Order denying or revoking certification pursuant to OAR
137-003-0672.
(4) Hearing Request.
If the Department receives a timely request for a hearing, it will refer the
matter to the Office of Administrative Hearings in accordance with OAR
137-003-0515.
(5) Proposed and
Final Orders. When a hearing is requested, Proposed Orders, Exceptions, and
Final Orders will be issued pursuant to the applicable provisions of the
Attorney General's Model Rules of Procedures adopted under OAR
259-005-0015.
(6) Notice and
Hearing Procedures Specific to Professional Standards Cases.
(a) When a Policy Committee recommends denial
or revocation of public safety professional certifications, the Department will
serve the Notice of Intent on the individual or public safety professional
prior to the Board's review.
(b)
Department-proposed amendments to a Proposed Order issued by an Administrative
Law Judge in a case that was originally reviewed by a Policy Committee and the
Board must be considered by the Policy Committee and the Board before a Final
Order can be issued.
(c) The
administrative law judge presiding at a contested case hearing may not adjust
the ineligibility period approved by the Board under OAR 259-008-0310 or the
Applicant Review Committee under OAR 259-008-0290.
(d) If the Department does not receive a
timely request for a hearing in cases heard by a Policy Committee, the Notice
of Intent will become a Final Order denying or revoking certification pursuant
to OAR 137-003-0672 upon final approval by the Board.
Notes
Statutory/Other Authority: ORS 181A.410, ORS 181A.640 & ORS 183.341
Statutes/Other Implemented: ORS 181A.410, ORS 181A.640, ORS 181A.630, ORS 181A.650 & ORS 183.341
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