OAR 837-045-0090: Contested Cases

(1) A person may request a hearing regarding the assessment by the Department of the State Fire Marshal of a civil penalty, subject to the requirements of ORS 183.090. (2) A request for hearing shall be timely filed. (3) A request for hearing is timely filed when the request is postmarked or received at the Department of the State Fire Marshal within 20 days from the date of service of the notice of civil penalty. (4) The 20-day deadline shall be computed by excluding the date of the notice of civil penalty and including the 20th day. If the 20th day falls upon any legal holiday, Saturday or Sunday, the 20th day shall be the following work day. (5) If a request for hearing is not timely filed under sections (3) and (4) of this rule, the person shall have waived the right to a contested case under ORS Chapter 183.090. (6) A person may write to or call the Department of the State Fire Marshal to informally discuss the assessment of a civil penalty; however, an informal communication shall not extend the 20-day deadline by which a request for hearing must be made. (7) A contested case may include: (a) An informal conference; and/or (b) A formal hearing. (8) A contested case shall be conducted pursuant to the provisions of ORS 183.090 and the rules adopted thereto.