Or. Admin. Code § 340-269-0150 - Deactivation
(1) Notifications.
DEQ may deactivate an active participant's participation in the program and
place the person in a suspended status if it is determined that there is
noncompliance with any portion of this rule. DEQ will notify the active
participant of this determination in writing and will explain the reason for
DEQ's decision to deactivate. The person's status will become inactive 60 days
after DEQ provides such notice.
(a) An active
participant must notify DEQ as soon as they are aware that any registered piece
of equipment or any registered vehicle no longer has a legible or scannable
ECL, including ECLs that no longer adhere to the equipment or that are missing
or damaged. If an active participant fails to provide such notification, then
DEQ may deactivate the person's participation if there is not a legible or
scannable ECL on registered equipment or vehicles.
(b) An active participant may request to have
their participation deactivated and to be placed in an inactive status with the
program. This request must be made in writing or using a DEQ issued form and
signed by a verified owner or operator of the active participant.
(2) ECL Return. When participation
in the program has been deactivated, the person must return any ECLs that were
issued by DEQ. If an active participant appeals a deactivation decision as
provided in section (3), the label return requirement will be suspended until
the appeals process is completed. After deactivation, if the person has
significant difficulty in removing an ECL from any equipment or vehicles, the
person may work with DEQ to find a suitable alternative to the ECL's
removal.
(3) Appeals. An active
participant may appeal a DEQ deactivation decision by filing a petition for
reconsideration with DEQ. An active participant may also appeal a DEQ
deactivation decision by seeking review of the decision as an order in other
than a contested case, as provided in ORS
183.484, which may be filed
either after filing a petition for reconsideration or without filing a petition
for reconsideration.
Notes
Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813
Statutes/Other Implemented: ORS 468.035 & 468A.813
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