Oregon Administrative Rules
Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING
Division 59 - PRIVATE SECURITY ENTITY LICENSING
Section 259-059-0440 - Issuance of Notice of Intent / Request for Hearing / Contested Case Procedures

Universal Citation: OR Admin Rules 259-059-0440

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Upon a determination to proceed with denial, refusal to renew, revocation, or suspension of a license, the Department will prepare and serve a Notice of Intent on the applicant or licensee.

(2) Response Time.

(a) A party who has been served with a Notice of Intent to Deny Licensure has 60 business days from the date of mailing or personal service of the Notice to file a written request for hearing or a written request withdrawing their application from consideration with the Department. Applicants who choose to withdraw their application forfeit their application fees.

(b) A party who has been served with a Notice of Intent to Refuse Renewal has 60 business days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department.

(c) A party who has been served with a Notice of Intent to Revoke Licensure has 20 business days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department.

(d) A party who has been served with a Notice of Intent to Suspend has 20 business days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department.

(e) A party who has been served with an Emergency Suspension Order has 90 business days from the date of mailing or personal service of the Order to file a written request for hearing with the Department.

(3) Default Orders. If the Department does not receive a timely request for a hearing, the Notice of Intent will become a Final Order denying, refusing to renew, revoking, or suspending the license pursuant to OAR 137-003-0672.

(4) Hearing Request. If the Department receives a timely request for a hearing, it will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515.

(5) When a hearing is requested, Proposed Orders, Exceptions, and Final Orders will be issued pursuant to the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015.

Statutory/Other Authority: ORS 181A.870 & ORS 181A.900

Statutes/Other Implemented: ORS 181A.900

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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