Or. Admin. R. 837-012-1090

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-012-1090 - Formal Hearing

(1) A person may request a formal hearing at any time before or after an informal conference, as long as the 20 day period for requesting a hearing has not lapsed.

(2) The Department of the State Fire Marshal will arrange for a hearings officer to conduct the formal hearing.

(3) The Department of the State Fire Marshal will set a date, time, and location for the formal hearing.

(4) The Department of the State Fire Marshal will notify, by letter, the person requesting the hearing (or their designated representative) of the date, time, location, and the hearings officer conducting the formal hearing.

(5) The hearings officer will hear the case and render a proposed opinion and order, including recommended findings of fact and conclusions of law, according to the Administrative Procedures Act (APA), ORS 183.025 to 183.725.

(6) The formal hearing will be conducted as follows:

(a) The hearings officer will act as an impartial third party;

(b) It is not necessary for the person that requested the hearing to be represented by legal counsel;

(c) The Department of the State Fire Marshal may or may not elect to be represented by legal counsel;

(d) Testimony must be taken under oath;

(e) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible;

(f) Hearsay evidence is admissible if it meets statutory standards for being reliable and trustworthy.

(7) The proposed opinion and order must be reviewed by the State Fire Marshal and, if accepted, finalized and issued as a final order.

NOTE: Final orders must be forwarded to the authority issuing the citation within ten days of signing of the final order.

Or. Admin. R. 837-012-1090

FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 79-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165

Statutes/Other Implemented: ORS 480.110 - 480.165