Administrative Procedures Act

ORS 183.430
Hearing on refusal to renew license

  • exceptions

(1)

In the case of any license which must be periodically renewed, where the licensee has made timely application for renewal in accordance with the rules of the agency, such license shall not be deemed to expire, despite any stated expiration date thereon, until the agency concerned has issued a formal order of grant or denial of such renewal. In case an agency proposes to refuse to renew such license, upon demand of the licensee, the agency must grant hearing as provided by this chapter before issuance of order of refusal to renew. This subsection does not apply to any emergency or temporary permit or license.

(2)

In any case where the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the licensee of such suspension or refusal to renew, then a hearing must be granted to the licensee as soon as practicable after such demand, and the agency shall issue an order pursuant to such hearing as required by this chapter confirming, altering or revoking its earlier order. Such a hearing need not be held where the order of suspension or refusal to renew is accompanied by or is pursuant to, a citation for violation which is subject to judicial determination in any court of this state, and the order by its terms will terminate in case of final judgment in favor of the licensee. [1957 c.717 §8 (3), (4); 1965 c.212 §1; 1971 c.734 §11]

Notes of Decisions

Under this section, Division’s attempted revocation of day care certificate on ground of unsanitary conditions was ineffective, for only suspension was permissible absent hearing. Reynolds v. Children’s Services Division, 280 Or 431, 571 P2d 505 (1977)

Where plaintiff has not exhausted administrative remedies, Dental Examiners Board has jurisdiction to grant motion for interlocutory relief, but lacks jurisdiction to grant permanent injunction that precludes board from conducting hearing. Van Gordon v. Oregon State Board of Dental Examiners, 34 Or App 607, 579 P2d 306 (1978), Sup Ct review denied

Reasons for prehearing suspension of liquor license under this section must be at least as substantial as those which would justify suspension under general suspension statute, ORS 471.315. Marcoules v. OLCC, 91 Or App 573, 756 P2d 661 (1988)

Hearing is available regarding immediate suspension of license, notwithstanding subsequent expiration of license. Red Willow Adolescent Chemical Dependency Treatment, Inc. v. Children’s Services Division, 152 Or App 710, 954 P2d 1274 (1998)

Facts found in emergency license suspension hearing cannot be applied via issue preclusion to support subsequent license revocation over accused’s request for new contested hearing. Miller v. Board of Psychologist Examiners, 289 Or App 34, 407 P3d 935 (2017)

Attorney General Opinions

Health professional regulatory board duty to disclose investigatory information to licensees or applicants, (2006) No. 8282

Law Review Citations

33 EL 665 (2003)

Source

Last accessed
Mar. 11, 2023

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