Current through Register Vol. 63, No. 3, March 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
