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. 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 presuspension
notice;
(b) The presuspension
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 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 presuspension notice to the licensee in writing, orally by
telephone or in person, or by any other means available to the
Bureau;
(d) Where the presuspension
notice is given orally, the Bureau subsequently shall provide the licensee with
a written copy of the notice.
(3) Following the presuspension notice, the
Bureau shall provide the licensee an immediate opportunity to object to the
Bureau's specifications provided in the presuspension 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;
and
(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 agency 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; and
(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 revocations, suspension or refusal to renew
the license under the Bureau's usual procedures;
(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.
Statutory/Other Authority: ORS 164, 165, 651, 658 &
962
