Or. Admin. Code § 603-047-0400 - Department's Notice; Right to Contested Case Hearing
(1) A notice issued by the department
pursuant to OAR 603-047-0200 and 603-047-0300 must be in writing, is subject to
any applicable provisions of ORS Chapter 183, and shall include:
(a)A reference to the particular statute and
administrative rule involved in the department's determination;
(b) A statement explaining how the amount of
nonpayment was calculated, or how the payment is untimely or both;
(c) A statement explaining that the seed
dealer's license is suspended and the dealer has not demonstrated to the
satisfaction of the Department that the dealer is current on all payments due
as described in a final order issued by the Department and that the Department
may refuse to issue or renew the seed dealer license;
(d) A statement explaining that a license
applicant is an officer, owner or agent of the entity holding a seed dealer's
license that was suspended;
(e) A
statement of the person's right to request a hearing within 60 days of receipt
of the notice and an explanation of how a hearing may be requested;
(f) A statement that a collaborative dispute
resolution process is available as an alternative to a contested case hearing,
and that choosing such process will not affect the right to a contested case
hearing if a hearing request is received by the agency within the time period
stated in the notice and the matter is not resolved through the collaborative
process;
(g) A statement indicating
whether and under what circumstances ODA may issue a final order by
default.
Notes
Stat. Auth.: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Stats. Implemented: ORS 576.738, 576.741 & 574.744
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