Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES
Section 137-003-0010 - Emergency License Suspension, Refusal to Renew
Universal Citation: OR Admin Rules 137-003-0010
Current through Register Vol. 63, No. 9, September 1, 2024
(1) If the agency finds there is a serious danger to the public health or safety, it may, by order, immediately suspend or refuse to renew a license. For purposes of this rule, such an order is referred to as an emergency suspension order. An emergency suspension order must be in writing. It may be issued without prior notice to the licensee and without a hearing prior to the emergency suspension order.
(2)
(a)
When the agency issues an emergency suspension order, the agency shall serve
the order on the licensee either personally or by registered or certified
mail;
(b) The order shall include
the following statements:
(A) The effective
date of the emergency suspension order;
(B) Findings of the specific acts or
omissions of the licensee that violate applicable laws and rules and are the
grounds for revocation, suspension or refusal to renew the license in the
underlying proceeding affecting the license;
(C) The reasons the specified acts or
omissions seriously endanger the public's health or safety;
(D) A reference to the sections of the
statutes and rules involved;
(E)
That the licensee has the right to demand a hearing to be held as soon as
practicable to contest the emergency suspension order; and
(F) That if the demand for hearing is not
received by the agency within 90 calendar days of the date of notice of the
emergency suspension order the licensee shall have waived its right to a
hearing regarding the emergency suspension order.
(3)
(a) If timely requested by the licensee, the
agency shall hold a hearing on the emergency suspension order as soon as
practicable.
(b) The agency may
combine the hearing on the emergency suspension order with any underlying
agency proceeding affecting the license.
(c) At the hearing regarding the emergency
suspension order, the agency shall consider the facts and circumstances
including, but not limited to:
(A) Whether
the acts or omissions of the licensee pose a serious danger to the public's
health or safety; and
(B) Whether
circumstances at the time of the hearing justify confirmation, alteration or
revocation of the order.
Stat. Auth.: ORS 183.341 & ORS 183.390
Stats. Implemented: ORS 183.341(1) & ORS 183.430
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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