OAR 837-020-0120: Hearings and Contested Cases

A person may request a Formal Hearing regarding the suspension, revocation, or denial of a license by the State Fire Marshal. (1) A Request for Hearing must be timely filed. (2) A Request for Hearing is timely filed when the request is postmarked or received by the State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435. (3) If a Request for Hearing is not timely filed under section (c) of this rule, the person waives the right to a contested case under ORS Chapter 183. (4) A person may write to or call the State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication does not extend the deadline established in 837-020-0105 subsection (3). (5) A contested case may include: (a) An Informal Conference; (b) A Formal Hearing, or both. (6) A contested case will be conducted pursuant to the provisions of ORS Chapter 183 and the rules adopted thereto. (7) The State Fire Marshal may provide an opportunity for an Informal Conference. A request for an Informal Conference must be in writing; and must: (a) Be addressed to the State Fire Marshal; and (b) Clearly state the issue or issues to be discussed; and (c) If the State Fire Marshal and the party or parties agree, an Informal Conference may be held by telephone. (8) After an Informal Conference, the State Fire Marshal may amend, withdraw, or reduce the suspension, revocation, or denial. Such action will be taken in accordance with ORS Chapter 183 and the rules adopted thereto. (9) A person may file a written Request for Hearing before or after an Informal Conference, at any time before the deadline established in section (3) of the Contested Cases section of OAR 837-020-0120. (10) The State Fire Marshal is responsible to arrange for a hearings officer to conduct the Formal Hearing. (11) The State Fire Marshal will set a date, time, and location for the Formal Hearing.