Or. Admin. Code § 259-059-0440 - Issuance of Notice of Intent / Request for Hearing / Contested Case Procedures
(1) Upon a
determination to proceed with denial, refusal to renew, revocation, or
suspension of a license, the Department will prepare and serve a Notice of
Intent on the applicant or licensee.
(2) Response Time.
(a) A party who has been served with a Notice
of Intent to Deny Licensure has 60 business days from the date of mailing or
personal service of the Notice to file a written request for hearing or a
written request withdrawing their application from consideration with the
Department. Applicants who choose to withdraw their application forfeit their
application fees.
(b) A party who
has been served with a Notice of Intent to Refuse Renewal has 60 business days
from the date of mailing or personal service of the Notice to file a written
request for hearing with the Department.
(c) A party who has been served with a Notice
of Intent to Revoke Licensure has 20 business days from the date of mailing or
personal service of the Notice to file a written request for hearing with the
Department.
(d) A party who has
been served with a Notice of Intent to Suspend has 20 business days from the
date of mailing or personal service of the Notice to file a written request for
a hearing with the Department.
(e)
A party who has been served with an Emergency Suspension Order has 90 business
days from the date of mailing or personal service of the Order to file a
written request for 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, refusing to renew, revoking, or suspending the license
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) 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 Procedure adopted under OAR 259-005-0015.
Notes
Statutory/Other Authority: ORS 181A.870 & ORS 181A.900
Statutes/Other Implemented: ORS 181A.900
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