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.
(5) 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 Procedure adopted under OAR 259-005-0015 (Rules of Procedures).

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.

259–060–0005
Objectives 259–060–0010
Definitions 259–060–0015
Private Security Provider Duties, Exemptions and Prohibited Acts 259–060–0020
Minimum Standards for Certification or Licensure 259–060–0025
Application for Certification and Licensure 259–060–0030
Temporary Assignments 259–060–0060
Minimum Standards for Training 259–060–0090
Challenge of Alarm Monitor Classroom Instruction and Assessment Module 259–060–0092
Accreditation of Private Security Training Programs 259–060–0120
Private Security Professional Requirements for Certification 259–060–0130
Private Security Executive Manager and Supervisory Manager Licensure and Responsibilities 259–060–0135
Private Security Instructor Requirements for Certification 259–060–0136
Private Security Instructor Responsibilities 259–060–0145
Crowd Management or Guest Services 259–060–0200
Employer Responsibilities 259–060–0300
Grounds to Deny, Revoke, Suspend or Refuse to Renew Alarm Monitor Professional Certification 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 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 259–060–0350
Department Review for Denial, Revocation, Suspension or Refusal to Renew 259–060–0360
Surrender of a Private Security Provider Certification or License 259–060–0370
Emergency Suspension / Refusal to Renew / Denial - Private Security Certifications and Emotional Fitness 259–060–0380
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures 259–060–0450
Compliance 259–060–0500
Fees and Payments 259–060–0600
Forms
Last Updated

Jun. 8, 2021

Rule 259-060-0380’s source at or​.us