OAR 340-256-0471: Violations and Disqualification from Participation in Remote OBD Testing Program

(1) Any violation of the requirements to comply with OAR 340-256-0467 by a host participant, OAR 340-256-0468 dealership participant, or OAR 340-256-0469 fleet participant in the Remote OBD Testing Program is subject to enforcement as provided in this rule. (2) A violation described in section (1) is subject to DEQ taking any of the following enforcement actions: (a) A proposed order assessing civil penalties as provided under OAR chapter 340, division 12; (b) A proposed order disqualifying the person from participation in the Remote OBD Testing Program; and. (c) If DEQ finds a serious danger to the public health or safety would result from continued participation in the Remote OBD Testing Program, DEQ may issue a final order immediately suspending the person’s authorization to participate in the Remote OBD Testing Program. (3) Orders may be challenged based on the following provisions; (a) A person who receives a proposed order described in section (2)(a) may request a hearing to challenge the order no later than 320 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11. If a hearing is not requested, the proposed order(s) will become a final order by operation of law 20 days after the proposed order is issued. (b) A person who receives a proposed order described in section (2)(b) may request a hearing to challenge the order no later than 60 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11. If a hearing is not requested, the proposed order(s) will become a final order by operation of law 20 days after the proposed order is issued. (c) A person who receives a final order described in section (2)(c) may request a hearing to challenge the order no later than 90 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation that EQC adopted under OAR 340-200-0040.]