Or. Admin. Code § 257-100-0080
Current through Register Vol. 63, No. 12, December 1, 2024
Section 257-100-0080 - Hearing Procedure(1) OSP may deny, refuse to reissue, suspend or revoke a qualification of a manufacturer or manufacturer's representative, or refuse or discontinue a working relationship with any manufacturer's representative liaison if the department after a thorough investigation determines the manufacturer, manufacturer's representative, or liaison to be intentionally untruthful, deceptive, operates outside the permissions of program requirements, and/or falsely completes or alters any written instrument related to the ignition interlock device program. (2) OSP may, without prior hearing, suspend or refuse to renew qualification of an ignition interlock device for use in Oregon under ORS 183.430(2), if OSP determines that there is a serious danger to the public health or safety that requires immediate action.(3) OSP may deny, refuse to reissue, suspend or revoke a certification for a manufacturer or manufacturer's representative upon OSP's determination that any applicant or certification holder had failed to meet standards, comply, or no longer complies with any requirement or provision listed in OAR 257-100-0010 through 257-100-0075.(4) OSP may deny, refuse to reissue, suspend, or revoke a certification for a service center upon OSP's determination that any applicant or certification holder has failed to meet standards, comply, or no longer complies with any requirement or provision of the service center requirements listed in OAR 257-100-0025. A manufacturer or manufacturer's representative whose certification is denied or revoked may not re-apply for certification until 180 calendar days have passed from the date of denial or revocation. A service center whose certification is revoked may not reapply for certification until 180 calendar days have passed from the date of revocation. Prior to OSP re-issuing certification to a manufacturer's representative or service center after a denial, suspension, or revocation, a manufacturer's representative or service center must be fully compliant with all administrative rules, statutes and must have paid all required fees.(5) Before any denial, refusal to reissue, suspension, or revocation of a manufacturer's or manufacturer's representative's qualification or service center's certification is taken, an investigation of the complaint or violation will be performed by OSP. The manufacturer's representative is entitled to notice of the proposed action and an opportunity for hearing, as prescribed in Oregon Administrative Procedures Act, ORS 183.413 to 183.500(6) OSP may remove a device model from the list of qualified devices upon OSP's determination that any device model failed to meet standards or no longer complies with requirements in ORS 813.600 or OAR 257-100-0010, OAR 257-100-0050 or OAR 257-100-0055. If a device model is removed, the device model may not be installed for 180 calendar days from the date of removal. (7) Other than a voluntary request to remove a device from the list of qualified devices, OSP may remove a device from the list of qualified devices after an investigation of the complaint or violation is performed by OSP. The device manufacturer or manufacturer's representative is entitled to notice of the proposed action and an opportunity for hearing, as prescribed in Oregon Administrative Procedures Act, ORS 183.413 to 183.500.(8) A request for an administrative hearing must be filed in writing and received by OSP within sixty (60) calendar days after the date of the notice of action. (a) The request for an administrative hearing may be sent to Oregon State Police Ignition Interlock Device Oversight Program, 3565 Trelstad Avenue SE, Salem OR 97317; or(b) Emailed to ospiid@osp.oregon.gov.(9) Notwithstanding section (2) and (8), a decision to remove a device is effective 30 calendar days from the date of the notice of proposed action.Or. Admin. Code § 257-100-0080
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019; TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019; TSD 3-2019, renumbered from 737-005-0180, filed 05/30/2019, effective 07/01/2019; OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019; OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019; OSP 3-2022, amend filed 05/20/2022, effective 5/20/2022Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 - 813.680