OAR 259-009-0130: Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures

(1) Upon a determination to proceed with a denial or revocation, the Department will prepare and serve a Notice of Intent on the fire service professional. (2) For discretionary professional standards cases when the Fire Policy Committee recommends denial or revocation of fire service professional certifications, the Department will serve the Notice of Intent on the fire service professional prior to the Board’s review. (3) Response Time: (a) A party who has been served with a Notice of Intent to Deny Certification has 60 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (b) A party who has been served with a Notice of Intent to Revoke Certification has 20 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (4) Default Orders: (a) If the Department does not receive a timely request for a hearing, the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672. (b) For discretionary professional standards cases reviewed by the Fire Policy Committee, if the Department does not receive a timely request for a hearing the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672 upon approval by the Board. (5) Hearing Request. If the Department receives a timely request for a hearing, it will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515. (6) When a hearing is requested, Proposed Orders, Exceptions, and Final Orders will be issued pursuant to the applicable provision of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. (7) Department-proposed amendments to a Proposed Order issued by an Administrative Law Judge in a case that was originally reviewed by the Fire Policy Committee and the Board must be considered and approved by the Fire Policy Committee and the Board before a Final Order can be issued.