OAR 259-009-0130
Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures

(1) Upon a determination to proceed with a denial or revocation, the Department will prepare and serve a Notice of Intent on the fire service professional.

(2) For discretionary professional standards cases when the Fire Policy Committee recommends denial or revocation of fire service professional certifications, the Department will serve the Notice of Intent on the fire service professional prior to the Board’s review.

(3) Response Time:

(a) 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.

(b) 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.

(4) Default Orders:

(a) 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).

(b) For discretionary professional standards cases reviewed by the Fire Policy Committee, 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) upon approval by the Board.

(5) 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).

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

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

Source: Rule 259-009-0130 — Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures, https://secure.sos.state.or.us/oard/view.action?ruleNumber=259-009-0130.

259–009–0000
Policies and Objectives 259–009–0005
Definitions 259–009–0010
Personnel Affiliation Forms and Use of Legal Name 259–009–0015
Background Investigation 259–009–0020
Waiver for Equivalent Training or Experience — Reciprocity 259–009–0025
College Education Credits 259–009–0035
Certificates Are Property of Department 259–009–0059
Minimum Standards for Certification as a Fire Service Professional 259–009–0062
Fire Service Professional Certification 259–009–0063
Credit for Experience 259–009–0065
Maintenance 259–009–0067
Lapsed Certification 259–009–0080
Certification of Instructors 259–009–0085
Certification of Courses and Classes 259–009–0087
Accreditation of Fire Service Agency Training Programs 259–009–0100
Miscellaneous Activities of the Board or Department 259–009–0115
Surrendering Certifications 259–009–0120
Grounds for Denial or Revocation 259–009–0125
Denial/Revocation - Initiation and Review of a Professional Standards Case 259–009–0130
Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 259-009-0130 Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures

OAR 259-009-0130
Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures