Or. Admin. Code § 603-047-0400

Current through Register Vol. 63, No. 11, November 1, 2024

Section 603-047-0400 - Department's Notice; Right to Contested Case Hearing

(1) A notice issued by the department pursuant to OAR 603-047-0200 and 603-047-0300 must be in writing, is subject to any applicable provisions of ORS Chapter 183, and shall include:

(a)A reference to the particular statute and administrative rule involved in the department's determination;

(b) A statement explaining how the amount of nonpayment was calculated, or how the payment is untimely or both;

(c) A statement explaining that the seed dealer's license is suspended and the dealer has not demonstrated to the satisfaction of the Department that the dealer is current on all payments due as described in a final order issued by the Department and that the Department may refuse to issue or renew the seed dealer license;

(d) A statement explaining that a license applicant is an officer, owner or agent of the entity holding a seed dealer's license that was suspended;

(e) A statement of the person's right to request a hearing within 60 days of receipt of the notice and an explanation of how a hearing may be requested;

(f) A statement that a collaborative dispute resolution process is available as an alternative to a contested case hearing, and that choosing such process will not affect the right to a contested case hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process;

(g) A statement indicating whether and under what circumstances ODA may issue a final order by default.

Or. Admin. Code § 603-047-0400

DOA 31-2012, f. & cert. ef. 12-21-12

Stat. Auth.: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680

Stats. Implemented: ORS 576.738, 576.741 & 574.744