OAR 411-068-0080
Administrative Sanctions
(1)
An administrative sanction may be imposed for non-compliance with these rules. An administrative sanction includes one or more of the following actions:(a)
Civil penalties;(b)
Denial, suspension, revocation, or refusal to renew registration.(2)
If the Division imposes an administrative sanction, it shall serve a notice of administrative sanction upon the operator personally or by certified mail.(3)
The notice of administrative sanction shall state:(a)
Each sanction imposed;(b)
A short and plain statement of each condition or act that constitutes a violation;(c)
Each statute or rule allegedly violated;(d)
A statement of the operator’s right to a contested case hearing;(e)
A statement of the authority and jurisdiction under which the hearing is to be held;(f)
A statement that the Division’s files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and(g)
A statement that the notice becomes a final order upon default if the operator fails to request a hearing within the specified time.(4)
If an administrative sanction is imposed for reasons other than abuse, it shall be preceded by a hearing if the operator requests the hearing in writing within 60 days after receipt of the notice.(5)
If an operator fails to request the hearing within the 60 days, the notice of administrative sanction shall become a final order of the Division by default.
Source:
Rule 411-068-0080 — Administrative Sanctions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-068-0080
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