OAR 259-060-0380
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures
(1)
Upon a determination to proceed with denial, revocation, refusal to renew or suspension, the Department will prepare and serve a Notice of Intent on the applicant or private security provider.(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 hearing with the Department.(b)
A party who has been served with a Notice of Intent to Deny Certification or Licensure has 60 days from the date of mailing or personal service of the Notice to file a written request for hearing or a written request withdrawing their application from consideration with the Department. Applicants who choose to withdraw their application forfeit their application fees.(c)
A party who has been served with a Notice of Intent to Revoke Certification or Licensure has 20 days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department.(d)
A party who has been served with a Notice of Intent to Refuse Renewal has 60 days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department, except when the Notice of Intent to Refuse Renewal is issued in conjunction with an Emergency Suspension Order which allows the party 90 days from the date of mailing or personal service to file a written request for hearing with the Department.(e)
A party who has been served with a Notice of Intent to Suspend 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, suspending, revoking or refusing to renew certification or licensure 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).(a)
The sole purpose of the emergency suspension hearing for an Emergency Suspension Order issued based upon the charge of a crime that is grounds for denial or revocation as defined in OAR 259-060-0300 (Grounds to Deny, Revoke, Suspend or Refuse to Renew Alarm Monitor Professional Certification), OAR 259-060-0310 (Grounds to Deny, Revoke, Suspend or Refuse to Renew Unarmed Private Security Professional Certification and Event and Entertainment Private Security Professional Certification) or OAR 259-060-0320 (Grounds to Deny, Revoke, Suspend or Refuse to Renew Armed Private Security Professional Certification, Private Security Instructor Certification, and Executive or Supervisory Manager Licensure) will be to determine whether the individual was charged with the crime. The Department will withdraw the Emergency Suspension Order upon receipt of information showing that the private security provider was not charged with the crime.(b)
The sole purpose of the emergency suspension hearing for an Emergency Suspension Order issued based upon a failure to meet the firearms qualification and training requirements as defined in OAR 259-060-0120 (Private Security Professional Requirements for Certification) and OAR 259-060-0135 (Private Security Instructor Requirements for Certification) will be to determine whether the individual satisfied the requirements. Once the Department has received and accepted proof of satisfactory completion for the training requirements, the Department will withdraw the Emergency Suspension Order.
Source:
Rule 259-060-0380 — Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures, https://secure.sos.state.or.us/oard/view.action?ruleNumber=259-060-0380.