Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule applies only to the denial and
decertification of a firm's ESB status under Oregon law. The COBID may deny
certification or decertify a firm at any time if the agency determines that the
firm no longer meets eligibility standards set out in OAR
123-200-1600. The procedure is
as follows:
(a) The COBID will issue a Notice
of Intent to Deny Certification in the case of denial of initial certification
and the reasons therefore.
(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 indicate
the specific reasons for the decision.
(c) In the event of a denial or
decertification, the applicant or firm representative 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
COBID will issue a decision.
(d)
If the applicant or firm representative 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 COBID.
The manager of the COBID will issue a final order.
(e) If the applicant or firm representative
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) An applicant or firm representative may
withdraw an application or certification if there is no longer a desire to
participate in the program. The applicant or firm representative must complete
a withdrawal form provided by the COBID.
(3) Any business denied initial certification
would be ineligible to reapply for a period of 12 months.
Stat. Auth.: ORS
200.055
Stats. Implemented: ORS
200.055,
183.310 -
183.550
