Or. Admin. Code § 603-029-4025

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

Section 603-029-4025 - Denial or Withdrawal of Inspection

(1) For miscellaneous reasons. An application or a request for inspection may be rejected, or the benefits of the inspection may be otherwise denied to, or withdrawn from, any person, without the prior opportunity for a hearing:

(a) for administrative reasons such as the nonavailability of personnel to perform the inspection;

(b) for the failure of payment for service;

(c) in case the application or request relates to exotic animals or exotic animal products which are not eligible for inspection under this Division 29 rules;

(d) for failure to maintain the designated area or the plant in a state of repair approved by the Department;

(e) for the use of operating procedures which are not in accordance with the Division 29 rules;

(f) for alterations of buildings, facilities, or equipment which cannot be approved under the rules in this Division 29.

(g) Written notice of such rejection, denial, or withdrawal, and the reasons therefore, shall promptly be given to the person involved.

(2) For disciplinary reasons - Basis for denial or withdrawal. An application or request for inspection may be denied, or the benefits of the inspection may be withdrawn from, any person or entity who, or whose officer, employee or agent in the scope of his employment or agency:

(a) Has willfully made any misrepresentation or has committed any other fraudulent or deceptive practice in connection with any application or request for inspection under this rule;

(b) has given or attempted to give, as a loan or for any other purpose, any money, favor or other thing of value, to any employee or agent of the Department;

(c) has interfered with or obstructed, or attempted to interfere with or to obstruct, any employee or agent of the Department in the performance of his or her duties under this rule by intimidation, threats, assaults, abuse, or any other improper means;

(d) has knowingly represented that any exotic animal carcass, or exotic animal product, has been state-inspected and passed by an authorized inspector under this rule, when it had not, in fact, been so inspected;

(e) has been convicted of more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged good, or fraud in connection with transactions in food, or any felony, as cited in OAR 603-029-0015; Provided, an application or a request for inspection made in the name of a person or entity otherwise eligible for inspection under the rules may be denied, or the benefits of the inspection may be withdrawn, from such a person or entity in case the inspection is or would be performed at a location operated by a person or entity, from whom the benefits of the inspection are currently being denied or have been withdrawn under this Division 29 rule; or by a person or entity having an officer, director, partner, manager or substantial investor from whom the benefits of inspection under this Division 29 rules are currently being denied or have been withdrawn under this Division 29 rule, and who has any authority with respect to the location where inspection is or would be performed; or in case the inspection is or would be performed with respect to any exotic animal or exotic animal product in which any person or entity, from whom the benefits of inspection are currently being denied or have been withdrawn under this Division 29 rule, has contract or other financial interest.

(3) Procedure.

(a) An application or request for inspection may be denied or benefits of the inspection may be withdrawn by the Department, as provided by section (2) of this rule, after written notice and opportunity for a contested case hearing as provided by ORS chapter 183 and OAR 137-003-0501 through 137-003-0700.

(b) The Department may immediately suspend inspection under this section without prior opportunity for a hearing, pending final determination of the matter, when it determines that there is a serious danger to public health or safety.

Or. Admin. Code § 603-029-4025

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036