Current through Register Vol. 63, No. 9, September 1, 2024
(1) If
the bureau finds there is a serious danger to the public health or safety, it
may immediately suspend or it may refuse to renew a license indorsement. For
purposes of this rule, such a decision is referred to as an emergency
suspension order. An emergency suspension order is a written order which is not
a final order under ORS Chapter 183. An emergency suspension order is not an
order in a contested case and may be issued without notice or an opportunity
for a hearing as required for contested cases under ORS Chapter 183.
(2)
(a)
Except where the danger to the public health or safety is so imminent that
opportunity for the licensee to object under section (3) of this rule is not
practicable as determined by the bureau, the bureau shall provide the licensee
with notice and opportunity to object prior to issuing the emergency suspension
order. For purposes of this rule, this notice is referred to as a
pre-suspension notice;
(b) The
pre-suspension notice shall:
(A) Specify the
acts of the licensee and the evidence available to the bureau which would be
grounds for revocation, suspension or refusal to renew the license under the
bureau's usual procedures;
(B)
Specify the reasons why the acts of the licensee seriously endanger the
public's health or safety;
(C)
Identify a person in the bureau authorized to issue the emergency suspension
order or to make recommendations regarding the issuance of the emergency
suspension order.
(c)
The bureau may provide the pre-suspension notice to the licensee in writing,
orally by telephone or in person, or by any other means available to the
bureau;
(d) Where the
pre-suspension notice is given orally, the bureau subsequently shall provide
the licensee with a written copy of the notice.
(3) Following the pre-suspension notice, the
bureau shall provide the licensee an immediate opportunity to object to the
bureau's specifications provided in the pre-suspension notice before a person
authorized to issue the emergency suspension order or to make recommendations
regarding the issuance of the emergency suspension order.
(4)
(a) When
the bureau issues the emergency suspension order, the bureau shall serve the
order on the licensee either personally or by registered or certified
mail;
(b) The order shall include
the following statements:
(A) Those required
under ORS 183.415(2) and
(3);
(B) That the licensee has the right to demand
a hearing to be held as soon as practicable to contest the emergency suspension
order;
(C) That if the demand is
not received by the bureau within 90 days of the date of notice of the
emergency suspension order the licensee shall have waived its right to a
hearing under ORS Chapter 183;
(D)
The effective date of the emergency suspension order;
(E) The specifications noted in subsection
(2)(b) of this rule;
(F) That with
the agreement of the licensee and the bureau the hearing opportunity on the
emergency suspension order may be combined with any other bureau proceeding
affecting the license. The procedures for a combined proceeding shall be those
applicable to the other proceeding affecting the license.
(5)
(a) If timely requested by the licensee
pursuant to subsection (4)(b) of this rule, the bureau shall hold a hearing on
the emergency suspension order as soon as practicable;
(b) At the hearing, the bureau shall consider
the facts and circumstances including, but not limited to:
(A) Whether at the time of issuance of the
order there was probable cause to believe from the evidence available to the
bureau that there were grounds for revocation, suspension or refusal to renew
the license under the bureau's usual procedure;
(B) Whether the acts or omissions of the
licensee pose a serious danger to the public's health or safety;
(C) Whether circumstances at the time of the
hearing justify confirmation, alteration or revocation of the order;
(D) Whether the bureau followed the
appropriate procedures in issuing the emergency suspension order.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
962
Stats. Implemented: ORS
658.705 - ORS
658.850
