OAR 411-058-0110: Notice and Hearing Rights

(1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 “Civil Penalty Procedures” and be sent by mail, certified mail or electronic mail. (2) HEARINGS. Right to Hearing. If the Department imposes an Order, the licensee is entitled to a contested case hearing pursuant to ORS chapter 183. (3) REQUEST FOR HEARING. A referral agent who wishes to contest the proposed civil penalty must request a hearing within 20 calendar days of the date of mailing of the notice. The request must be made in writing and mailed or emailed to the address in the notice. If mailed by First Class Mail, the date of postmark shall be the date of request. (4) INFORMAL REVIEW. As part of this contested case hearing process, the referral agent may request that an informal review be held to discuss the merits of the case before the contested case hearing. (a) The Department has discretion on whether to grant an informal review. If the Department grants the informal review, the referral agent will be contacted, and an informal review will be scheduled. (b) If the referral agent and the Department resolve the issues to the satisfaction of the referral agent, then the Department will contact the Office of Administrative Hearings (OAH) and inform OAH the contested case hearing will not need to proceed. (5) FINAL DECISION IF NO REQUEST. If a referral agent fails to submit a written request for a contested case hearing within 20 calendar days of receipt of the notice described in paragraph (2) of this section, the Department’s original decision to assess a civil penalty shall become a final order of the Department by default. (6) CIVIL PENALTIES. Civil penalties are due within 10 calendar days after an order becomes final, either by default or after hearing.