OAR 257-100-0080
Hearing Procedure

(1) OSP may, without prior hearing, suspend a certification for a service center if OSP determines that there is a serious danger to the public health or safety that requires immediate action.
(2) OSP may deny, refuse to reissue, suspend, or revoke a certification for a service center upon OSP’s determination that any applicant or certification holder has failed to meet standards, comply, or no longer complies with any requirement or provision of the service center requirements listed in OAR 257-100-0025 (Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements). A service center whose certification is revoked may not reapply for certification until 2 years have passed from the date of revocation.
(3) Before any denial, refusal to reissue, suspension, or revocation of a service center’s certification is taken, an investigation of the complaint or violation will be performed by OSP. The manufacturer’s representative is entitled to notice of the proposed action and an opportunity for hearing, as prescribed in Oregon Administrative Procedures Act, ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals)
(4) OSP may remove a device model from the list of qualified devices upon OSP’s determination that any device model failed to meet standards or no longer complies with requirements in ORS 813.600 (Ignition interlock program) or OAR 257-100-0010 (Ignition Interlock Device Standards and Requirements) or OAR 257-100-0055 (Device Routine Maintenance and Calibration). If a device model is removed, the device model may not be installed for 2 years from the date of removal.
(5) Before OSP removes a device from the list of qualified devices, an investigation of the complaint or violation will be performed by OSP. The device manufacturer or manufacturer’s representative is entitled to notice of the proposed action and an opportunity for hearing, as prescribed in Oregon Administrative Procedures Act, ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals).
(6) Upon receiving notice of the proposed action, the device manufacturer, manufacturer’s representative, or service center may request an administrative hearing to contest the proposed action.
(7) A request for an administrative hearing must be filed in writing and mailed to the Oregon State Police, 3565 Trelstad Avenue SE, Salem OR 97317 and be received by OSP within sixty (60) days after the date of the notice of action.
(8) Unless OSP finds that immediate suspension is necessary or unless the applicant timely requests a hearing as provided under this rule, a decision to remove a device or revoke a service center certification is effective 14 days from the date of the notice of proposed action.

Source: Rule 257-100-0080 — Hearing Procedure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=257-100-0080.

Last Updated

Jun. 8, 2021

Rule 257-100-0080’s source at or​.us