Or. Admin. Code § 837-045-0090 - Contested Cases
(1) A person may
request a hearing regarding the assessment by the Department of the State Fire
Marshal of a civil penalty, subject to the requirements of ORS
183.090.
(2) A request for hearing shall be timely
filed.
(3) A request for hearing is
timely filed when the request is postmarked or received at the Department of
the State Fire Marshal within 20 days from the date of service of the notice of
civil penalty.
(4) The 20-day
deadline shall be computed by excluding the date of the notice of civil penalty
and including the 20th day. If the 20th day falls upon any legal holiday,
Saturday or Sunday, the 20th day shall be the following work day.
(5) If a request for hearing is not timely
filed under sections (3) and (4) of this rule, the person shall have waived the
right to a contested case under ORS Chapter 183.090.
(6) A person may write to or call the
Department of the State Fire Marshal to informally discuss the assessment of a
civil penalty; however, an informal communication shall not extend the 20-day
deadline by which a request for hearing must be made.
(7) A contested case may include:
(a) An informal conference; and/or
(b) A formal hearing.
(8) A contested case shall be conducted
pursuant to the provisions of ORS
183.090 and the rules adopted
thereto.
Notes
Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
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