Or. Admin. Code § 411-068-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-068-0080 - Administrative Sanctions

(1) An administrative sanction may be imposed for non-compliance with these rules. An administrative sanction includes one or more of the following actions:

(a) A civil penalty.

(b) A denial, suspension, revocation, or non-renewal of a registration.

(2) If the Department imposes an administrative sanction, it shall serve a notice of administrative sanction upon the operator personally or by certified mail.

(3) The notice of administrative sanction shall state all elements required by ORS 183.415 including but not limited to:

(a) Each sanction imposed;

(b) A short and plain statement of each condition or act that constitutes a violation;

(c) Each statute or rule allegedly violated;

(d) A statement of the operator's right to a contested case hearing;

(e) A statement of the authority and jurisdiction under which the hearing is to be held;

(f) A statement that the Department's files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case;

(g) A statement that the notice becomes a final order upon default if the operator fails to request a hearing within the specified time; and

(h) A statement of the operator's right to request an informal conference in addition to, or in-lieu of, a contested case hearing. An operator may request an informal conference with the Department to discuss sanctions imposed.

(4) If an administrative sanction is imposed for reasons other than abuse, it shall be preceded by a hearing if the operator requests the hearing in writing within 60 calendar days after receipt of the notice.

(5) If an operator fails to request the hearing within the 60 calendar days, the notice of administrative sanction shall become a final order of the Department by default.

Or. Admin. Code § 411-068-0080

SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90; APD 24-2022, amend filed 06/13/2022, effective 7/1/2022

Statutory/Other Authority: ORS 410.070 & 443.485

Statutes/Other Implemented: ORS 443.480 & 443.500