OAR 837-085-0370: Manifest Injustice

(1) To prevent a manifest injustice, if a timely appeal has not been filed, the State Fire Marshal, at the State Fire Marshal’s own discretion or upon request from the affected employer, owner or operator, may vacate or amend the Community Right-to-Know reporting requirements, Notice of Noncompliance and Proposed/Final Penalty Assessment Order for a facility. (2) The State Fire Marshal may refer a matter arising under this rule to a hearings officer for a formal hearing or a regional appeals advisory board. (3) All requests by an employer, owner or operator for consideration based on a manifest injustice shall be in writing and contain a statement indicating the basis of their request.