OAR 125-090-0135
Refusal to Issue or Renew; Appeal Process
(1)
DAS may refuse to authorize parking to, and may refuse to renew the authorization of, any person who in the previous six months:(a)
Made a material misrepresentation or false statement in the application or certification for a permit,(b)
Failed to comply with a condition of a permit,(c)
Displayed a forged or altered permit or a permit reported lost or stolen,(d)
Failed to pay the appropriate charges for Parking Facilities use,(e)
Caused damage to Parking Facilities property, or(f)
Failed to comply with the recertification requirements of a permit.(2)
DAS may refuse to issue or to renew authorization for any of the reasons stated in this rule only after giving notice and opportunity for a hearing. DAS shall send a notice to Applicant by certified mail and by e-mail, when available, of DAS’s intent to refuse to issue or renew authorization to park. DAS shall send the notice to the mail and e-mail addresses in the refused application or last address on file with DAS.(3)
The Manager shall provide an opportunity for a hearing of disputed refusals to issue or renew if requested in writing by the appealing party. The request for hearing on a refusal to issue or renew must be received by the Department within 14 days of the notice. The Manager shall conduct such hearing without formal rules of evidence and shall provide an opportunity for presentation of circumstances surrounding the disputed decision. The Manager shall issue a decision in writing after the hearing. The Manager is not required to make findings of fact and conclusions of law. The Manager’s decision is final.(4)
When DAS has refused to renew a parking permit, a permit holder shall immediately return all permits and placards to DAS.(5)
A person whose authorization to use Parking Facilities is refused or not renewed under this section is not eligible to apply for use of Parking Facilities for a period to be determined by Manager based on the facts of the circumstances of the refusal or non-renewal and whether the person has previously been the subject of refusal or non-renewal by DAS.
Source:
Rule 125-090-0135 — Refusal to Issue or Renew; Appeal Process, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-090-0135.