Current through Register Vol. 63, No. 3, March 1, 2024
(1) Upon
a determination to proceed with denial, revocation, refusal to renew or
suspension, the Department will prepare and serve a Notice of Intent on the
applicant or private security provider.
(2) Response Time:
(a) A party who has been served with an
Emergency Suspension Order has 90 days from the date of mailing or personal
service of the Order to file a written request for hearing with the
Department.
(b) A party who has
been served with a Notice of Intent to Deny Certification or Licensure has 60
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.
(c) A party who has been served with a Notice
of Intent to Revoke Certification or Licensure has 20 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 Refuse Renewal has 60 days from
the date of mailing or personal service of the Notice to file a written request
for hearing with the Department, except when the Notice of Intent to Refuse
Renewal is issued in conjunction with an Emergency Suspension Order which
allows the party 90 days from the date of mailing or personal service to file a
written request for hearing with the Department.
(e) A party who has been served with a Notice
of Intent to Suspend has 20 days from the date of mailing or personal service
of the Notice to file a written request for a 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, suspending, revoking or
refusing to renew certification or licensure 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.
(a) The sole purpose of the emergency
suspension hearing for an Emergency Suspension Order issued based upon the
charge of a crime that is grounds for denial or revocation as defined in OAR
259-060-0300, OAR 259-060-0310 or OAR 259-060-0320 will be to determine whether
the individual was charged with the crime. The Department will withdraw the
Emergency Suspension Order upon receipt of information showing that the private
security provider was not charged with the crime.
(b) The sole purpose of the emergency
suspension hearing for an Emergency Suspension Order issued based upon a
failure to meet the firearms qualification and training requirements as defined
in OAR 259-060-0120 and OAR 259- 060-0135 will be to determine whether the
individual satisfied the requirements. Once the Department has received and
accepted proof of satisfactory completion for the training requirements, the
Department will withdraw the Emergency Suspension Order.
(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
Statutes/Other Implemented: ORS
181A.870,
ORS
181A.875,
ORS
181A.880,
ORS
181A.885
