OAR 259-008-0340
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures

(1)

Upon a determination to proceed with an emergency suspension or a denial or revocation, the Department will prepare and serve a Notice of Intent on the individual or public safety professional.

(2)

Response Time:

(a)

A party who has been served with an Emergency Suspension Order has 90 days from the date of mailing or personal service of the Order to file a written request for a hearing with the Department.

(b)

A party who has been served with a Notice of Intent to Deny Certification has 60 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department.

(c)

A party who has been served with a Notice of Intent to Revoke Certification has 20 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department.

(3)

Default Orders. If the Department does not receive a timely request for a hearing, the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672 (Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing).

(4)

Hearing Request. If the Department receives a timely request for a hearing, it will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515 (Agency Referral to Office of Administrative Hearings).

(5)

Proposed and Final Orders. When a hearing is requested, Proposed Orders, Exceptions, and Final Orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedures adopted under OAR 259-005-0015 (Rules of Procedures).

(6)

Notice and Hearing Procedures Specific to Professional Standards Cases.

(a)

When a Policy Committee recommends denial or revocation of public safety professional certifications, the Department will serve the Notice of Intent on the individual or public safety professional prior to the Board’s review.

(b)

Department-proposed amendments to a Proposed Order issued by an Administrative Law Judge in a case that was originally reviewed by a Policy Committee and the Board must be considered by the Policy Committee and the Board before a Final Order can be issued.

(c)

The administrative law judge presiding at a contested case hearing may not adjust the ineligibility period approved by the Board under OAR 259-008-0310 (Denial/Revocation - Initiation and Review of a Professional Standards Case) or the Applicant Review Committee under OAR 259-008-0290 (Denial of Public Safety Professional Certifications for Pre-employment Criminal Dispositions).

(d)

If the Department does not receive a timely request for a hearing in cases heard by a Policy Committee, the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672 (Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing) upon final approval by the Board.

Source: Rule 259-008-0340 — Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=259-008-0340.

259‑008‑0000
Policies and Objectives 259‑008‑0001
Board and Department Policies for the Impacts of COVID-19 259‑008‑0005
Definitions 259‑008‑0010
Minimum Standards for Employment as a Law Enforcement Officer or Utilization as a Reserve Officer 259‑008‑0011
Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher 259‑008‑0015
Background Investigation 259‑008‑0017
Public Records 259‑008‑0018
Authorized Signer / Signature Authority 259‑008‑0020
Personnel Actions, DPSST Numbers and Use of Legal Name 259‑008‑0025
Minimum Standards for Training 259‑008‑0040
Period of Service 259‑008‑0045
Education Credits 259‑008‑0060
Public Safety Officer Certification 259‑008‑0064
Maintenance of Certification for Telecommunicators and Emergency Medical Dispatchers 259‑008‑0065
Maintenance of Law Enforcement Officer Certification 259‑008‑0067
Lapse and Expiration of Public Safety Professional Certifications 259‑008‑0069
Tribal Law Enforcement 259‑008‑0075
Determinations of Eligibility to be a Candidate for Election to the Office of Sheriff 259‑008‑0076
Eligibility Requirements for Police Chief 259‑008‑0078
Eligibility Requirements for Limited Duration, Administrative Positions 259‑008‑0080
Instructors for Mandated Training 259‑008‑0085
Minimum Standards for Mandated Courses 259‑008‑0090
Training Records 259‑008‑0100
Miscellaneous Activities of the Board or Department 259‑008‑0110
Prohibited Use of Force Training 259‑008‑0200
Civil Penalties 259‑008‑0220
Sanctions, Generally 259‑008‑0250
Notice of Civil Penalty 259‑008‑0290
Denial of Public Safety Professional Certifications for Pre-employment Criminal Dispositions 259‑008‑0300
Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications 259‑008‑0310
Denial/Revocation - Initiation and Review of a Professional Standards Case 259‑008‑0320
Scope of Denial/Revocation and Eligibility for Certification Following Denial/Revocation 259‑008‑0330
Surrendering Certifications 259‑008‑0340
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures 259‑008‑0400
Review of Complaints
Last Updated

Jun. 8, 2021

Rule 259-008-0340’s source at or​.us