OAR 259-059-0440: Issuance of Notice of Intent / Request for Hearing / Contested Case Procedures

(1) Upon a determination to proceed with denial, refusal to renew, revocation, or suspension of a license, the Department will prepare and serve a Notice of Intent on the applicant or licensee. (2) Response Time. (a) A party who has been served with a Notice of Intent to Deny Licensure has 60 business days from the date of mailing or personal service of the Notice to file a written request for hearing or a written request withdrawing their application from consideration with the Department. Applicants who choose to withdraw their application forfeit their application fees. (b) A party who has been served with a Notice of Intent to Refuse Renewal has 60 business days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department. (c) A party who has been served with a Notice of Intent to Revoke Licensure has 20 business days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department. (d) A party who has been served with a Notice of Intent to Suspend has 20 business days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (e) A party who has been served with an Emergency Suspension Order has 90 business days from the date of mailing or personal service of the Order to file a written request for hearing with the Department. (3) Default Orders. If the Department does not receive a timely request for a hearing, the Notice of Intent will become a Final Order denying, refusing to renew, revoking, or suspending the license pursuant to OAR 137-003-0672. (4) 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. (5) When a hearing is requested, Proposed Orders, Exceptions, and Final Orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.