Current through Register Vol. 63, No. 9, September 1, 2024
(1) The COBID may deny or decertify a firm at
any time it determines that the firm does not or no longer meets the
eligibility standards set out in OAR
123-200-1000 through
123-200-2300 and ORS
200.005. The procedure is as
follows:
(a) In the case of denial of initial
certification, the COBID will notify the applicant in writing of the denial and
provide a detailed explanation supporting the reasons for denial.
(b) In the case of decertification, the COBID
shall issue a Notice of Intent to Decertify the firm 21 days prior to the date
of decertification and provide a detailed explanation to support the reasons
for the determination.
(c) In the
event of a denial or decertification, the applicant or certified firm has 21
calendar days from the date of notice in which to submit a written appeal to
the manager of the COBID. Following the review of the applicant's written
appeal, the manager of the COBID will issue a decision.
(d) If the applicant or certified firm does
not agree with the manager's decision, he or she may request a contested case
hearing. The COBID will conduct a contested case hearing in accordance with ORS
183.310 to
183.550. Following the contested
case hearing, the Hearings Officer will forward a proposed order to the manager
of the COBID for issuance of a final order.
(e) If the applicant or certified firm files
an appeal in writing or requests a contested case hearing, the COBID will stay
the denial or decertification pending the issuance of the final order. If the
applicant or certified firm does not submit a written appeal or request for a
contested case hearing to the COBID within the 21-day period, the denial or
decertification shall be final.
(2) The COBID may decertify a firm if the
qualifying individual leaves the business or dies.
(3) An individual may withdraw his or her
application or certification if he or she no longer wishes to participate in
the program. The applicant must complete a notarized withdrawal form provided
by the COBID.
(4) Any business
denied initial certification is ineligible to reapply for a period of 12
months.
