Or. Admin. Code § 837-012-1400

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

Section 837-012-1400 - Contested Cases

(1) A person may request a formal hearing regarding the suspension, revocation, or denial of a certificate of registration or a certificate of possession by the Department of the State Fire Marshal.

(2) A request for hearing must be timely filed.

(3) A request for hearing is timely filed when the request is postmarked or received by the Department of the State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435.

(4) If a request for hearing is not timely filed under section (3) of this rule, the person waives the right to a contested case under ORS chapter 183.

(5) A person may write to or call the Department of the State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication may not extend the deadline established in subsection (3) of this rule.

(6) A contested case may include:

(a) An informal conference, or

(b) A formal hearing.

(7) Contested cases are conducted pursuant to the provisions of ORS chapter 183 and the rules adopted thereto.

Or. Admin. Code § 837-012-1400

OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06; OSFM 57-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 183, 476, 478 & 480

Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)