OAR 340-269-0150: Deactivation

(1) Notifications. DEQ may deactivate an active participant’s participation in the program and place the person in a suspended status if it is determined that there is noncompliance with any portion of this rule. DEQ will notify the active participant of this determination in writing and will explain the reason for DEQ’s decision to deactivate. The person’s status will become inactive 60 days after DEQ provides such notice. (a) An active participant must notify DEQ as soon as they are aware that any registered piece of equipment or any registered vehicle no longer has a legible or scannable ECL, including ECLs that no longer adhere to the equipment or that are missing or damaged. If an active participant fails to provide such notification, then DEQ may deactivate the person’s participation if there is not a legible or scannable ECL on registered equipment or vehicles. (b) An active participant may request to have their participation deactivated and to be placed in an inactive status with the program. This request must be made in writing or using a DEQ issued form and signed by a verified owner or operator of the active participant. (2) ECL Return. When participation in the program has been deactivated, the person must return any ECLs that were issued by DEQ. If an active participant appeals a deactivation decision as provided in section (3), the label return requirement will be suspended until the appeals process is completed. After deactivation, if the person has significant difficulty in removing an ECL from any equipment or vehicles, the person may work with DEQ to find a suitable alternative to the ECL’s removal. (3) Appeals. An active participant may appeal a DEQ deactivation decision by filing a petition for reconsideration with DEQ. An active participant may also appeal a DEQ deactivation decision by seeking review of the decision as an order in other than a contested case, as provided in ORS 183.484, which may be filed either after filing a petition for reconsideration or without filing a petition for reconsideration.