OAR 259-060-0380: Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures

(1) Upon a determination to proceed with denial, revocation, refusal to renew, or suspension, the Department will prepare and serve a Notice of Intent on the applicant or private security provider. (2) Response Time: (a) A party who has been served with an Emergency Suspension Order has 90 days from the date of mailing or personal service of the Order to file a written request for hearing with the Department. (b) A party who has been served with a Notice of Intent to Deny Certification or Licensure has 60 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. (c) A party who has been served with a Notice of Intent to Revoke Certification or Licensure has 20 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 Refuse Renewal has 60 days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department, except when the Notice of Intent to Refuse Renewal is issued in conjunction with an Emergency Suspension Order which allows the party 90 days from the date of mailing or personal service to file a written request for hearing with the Department. (e) A party who has been served with a Notice of Intent to Suspend 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. (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, suspending, revoking or refusing to renew certification or licensure 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. (a) The sole purpose of the emergency suspension hearing for an Emergency Suspension Order issued based upon the charge of a crime that is grounds for denial or revocation as defined in OAR 259-060-0300, OAR 259-060-0310 or OAR 259-060-0320 will be to determine whether the individual was charged with the crime. The Department will withdraw the Emergency Suspension Order upon receipt of information showing that the private security provider was not charged with the crime. (b) The sole purpose of the emergency suspension hearing for an Emergency Suspension Order issued based upon a failure to meet the firearms qualification and training requirements as defined in OAR 259-060-0120 and OAR 259-060-0135 will be to determine whether the individual satisfied the requirements. Once the Department has received and accepted proof of satisfactory completion for the training requirements, the Department will withdraw the Emergency Suspension Order. (c) The sole purpose of the emergency suspension hearing for an Emergency Suspension Order issued based upon a failure to meet the minimum standards for armed certification defined in OAR 259-060-0020 (7) will be to determine whether the individual meets the standards. The Department will withdraw the Emergency Suspension Order upon receipt of information showing the private security provider meets the minimum standards. (d) The sole purpose of the emergency suspension hearing for an Emergency Suspension Order issued to an instructor for a violation of OAR 259-060-0136 will be to determine whether the Department has substantial evidence supporting that the violation poses a serious danger to the public’s health or safety by continuing to allow the instructor to deliver the Department’s training courses. Once the Department has received and accepted proof that the violations leading to the Emergency Suspension Order have been resolved, the Department will withdraw the Order. (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.