Oregon Administrative Rules
Chapter 738 - OREGON DEPARTMENT OF AVIATION
Division 140 - CIVIL PENALTIES
Section 738-140-0035 - Notice of Violation
Universal Citation: OR Admin Rules 738-140-0035
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The agency's notice of violation issued pursuant to ORS 183.415 shall include:
(a) A caption with the name of the agency and
the name of the person or agency to whom the notice is issued;
(b) A short and plain statement of the
matters asserted or charged and a reference to the particular sections of the
statute and rules involved;
(c) A
statement of the party's right to be represented by counsel and that legal aid
organizations may be able to assist a party with limited financial resources;
(d) A statement of the party's
right to a hearing;
(e) A statement
of the agency's authority and jurisdiction to hold a hearing on the matters
asserted or charged; and
(f)
Either:
(A) A statement of the procedure and
time to request a hearing, the agency address to which a hearing request should
be sent, and a statement that if a request for hearing is not received by the
agency within the time stated in the notice the person will have waived the
right to a hearing; or
(B) A
statement of the time and place of the hearing.
(g) A statement indicating whether and under
what circumstances an order by default may be entered.
(2) A notice of violation may include either or both of the following:
(a) A statement
that the record of the proceeding to date, including information in the agency
file or files on the subject of the violation and all materials submitted by
the party, automatically becomes part of the violation record upon default for
the purpose of proving a prima facie case;
(b) A statement that a collaborative dispute
resolution process is available as an alternative to a hearing, if requested
within the time period stated in the notice, and that choosing such a process
will not affect the right to a hearing if a hearing request is received by the
agency within the time period stated in the notice and the matter is not
resolved through the collaborative process.
Stat. Auth.: ORS 835.035, 835.112
Stats. Implemented: ORS 835.035, 835.112
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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