OAR 125-090-0175: Rescission, Refusal to Issue or Renew; Appeal Process

(1) DAS may rescind an existing Parking assignment, refuse to authorize Parking to, and may refuse to renew the authorization of, any person who: (a) Made a material misrepresentation or false statement in the application or certification for a Permit, (b) Made a material misrepresentation or false statement in the investigation of any Parking matter, (c) Failed to comply with a condition of a Permit, (d) Displayed a forged or altered Permit or a Permit reported lost or stolen, (e) Failed to pay the appropriate charges for Parking Facilities use, (f) Caused damage to Parking Facilities property, (g) Failed to comply with the recertification requirements of a Permit. (h) Violated the rules in this OAR, any policies, or procedures as published by DAS on the use of the Parking Facilities. (i) Through their communications or other actions have demonstrated that the State’s best interests, as determined by DAS, are to deny them access to DAS controlled Parking Facilities. (j) Failed to supply valid written or certifiable electronic signatures on DAS required documents or provided forged signatures on DAS required documents. (2) DAS may refuse to issue or to renew authorization for any of the reasons stated in this rule only after giving notice and an opportunity for an appeal. DAS shall send a notice to Applicant by e-mail of DAS’s intent to refuse to issue or renew authorization to Park. DAS shall send the notice to the e-mail addresses in the refused application or last address on file with DAS. (3) The Manager shall provide an opportunity for an appeal of disputed rescissions, refusals to issue or renew if requested in Writing by the appealing party. The appeal must be received by DAS within 14 days of the notice. The Manager shall review the appeal without formal rules of evidence and shall provide an opportunity for presentation of circumstances surrounding the disputed decision. The Manager shall issue a decision in Writing. The Manager is not required to make findings of fact and conclusions of law. The Manager’s decision is final. (4) When DAS has refused to renew a parking Permit, a Permit holder shall immediately return all Permits and placards to DAS. (5) A person whose authorization to use Parking Facilities is rescinded, refused or not renewed under this section is not eligible to apply for use of Parking Facilities for a period to be determined by Manager based on the facts of the circumstances and whether the person has previously been the subject of rescissions, refusal or non-renewal by DAS. (6) Sections (2) and (3) above do not apply for situations where DAS must take immediate action to rescind Parking, refuse Parking, or deny access to an individual to safeguard the Parking Facilities, Parking Facility users, and the public. DAS may engage with State and local law enforcement as necessary for this purpose. The Manager shall document the circumstances, the action taken, and coordinate with Agency human resources offices and law enforcement as appropriate.