Or. Admin. Code § 419-300-0120

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

Section 419-300-0120 - Notice and Hearing Rights

(1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 Civil Penalty Procedures and will be sent by Mail.

(2) RIGHT TO HEARING. If the Department proposes an administrative sanction or civil penalty the referral agent is entitled to a contested case hearing pursuant to ORS Chapter 183.

(3) REQUEST FOR HEARING. A referral agent who wishes to contest the proposed administrative sanctions or civil penalty must request a hearing within 20 calendar days of the date of mailing of the notice. The request must be made in writing and mailed or electronically submitted to the address in the notice. If mailed by First Class Mail, the date of postmark shall be the date of request.

(4) INFORMAL REVIEW. As part of this contested case hearing process, the referral agent may request that an informal review be held to discuss the merits of the case before the contested case hearing.

(a) The Department has discretion concerning whether to grant an informal review. If the Department grants the informal review, the referral agent will be contacted, and an informal review will be scheduled.

(b) If the referral agent and the Department resolve the issues to the satisfaction of the referral agent, then the Department will contact the Office of Administrative Hearings (OAH) and inform OAH the contested case hearing will not need to proceed if the referral agent was referred to OAH for resolution.

(5) FINAL ORDER BY DEFAULT. If a referral agent fails to submit a written request for a contested case hearing within 20 calendar days of receipt of the notice the Department's original decision to impose an administrative sanction or civil penalty shall become a final order of the Department by default.

(6) CIVIL PENALTIES. The entire amount of the civil penalties are due within 10 calendar days after an order becomes final, either by default or after hearing.

Or. Admin. Code § 419-300-0120

DHS 7-2024, renumbered from 407-049-0120, filed 03/01/2024, effective 3/1/2024

Statutory/Other Authority: ORS 409.050, ORS 183.341, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357

Statutes/Other Implemented: ORS 409.050