ORS 561.615
Conduct of hearing

  • action by department

(1)

The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings). The hearing shall be conducted as provided for contested cases under ORS chapter 183.

(2)

If it appears that the products are not being stored, sold, kept, offered or exposed for sale in violation of law, the products shall be released to the owner or person in possession. If it appears that all or part of such products may be reconditioned or relabeled or segregated in such a way as to comply with state laws, the owner or person in possession may cause them to be reconditioned, relabeled or segregated at the owner’s or person’s own expense, after which the department shall release them. If it appears that all or a part of the products may not be reconditioned, relabeled or segregated in such a way as to comply with state laws, that portion of the products which may not be so treated shall be destroyed, unless the owner or person in possession executes and delivers to the department a good and sufficient bond to the effect that the products shall not be sold, disposed of or used contrary to the laws of Oregon and the rules, regulations or orders thereunder promulgated. If any food products are found to be unfit for human consumption but suitable for animal feeding, such food products may be used for animal feeding as permitted by the department. [Formerly part of 616.095; 1971 c.734 §88; 1999 c.849 §§119,120; 2003 c.75 §47]

Source: Section 561.615 — Conduct of hearing; action by department, https://www.­oregonlegislature.­gov/bills_laws/ors/ors561.­html.

561.005
Definitions 561.010
Department created 561.020
Responsibility of department as to inspectional, regulatory and development work 561.030
Seal 561.040
Organization 561.050
Division chiefs 561.060
Salaries and bonds of employees 561.070
Assistants and employees 561.075
Reports to director 561.110
Conferences between director and division chiefs 561.144
Department of Agriculture Service Fund 561.150
Department of Agriculture Account 561.155
Cash and revolving fund 561.160
Approval of vouchers required before withdrawing money from State Treasury 561.170
Prohibited financial interests of officers or employees 561.177
Furnishing lists of names and other information 561.190
Rules and regulations 561.191
Program and rules relating to water quality 561.192
Code of regulations 561.194
Distribution of code of regulations 561.200
Prohibitions against the obstruction of officers, agents or employees 561.220
Prohibitions against altering or removing seal or similar marking used by department and against selling products from used containers bearing such markings 561.230
Prohibition against reusing, imitating or counterfeiting markings used by department 561.240
Contracts and agreements with other agencies, governmental units and other persons 561.250
Services by department for commodity commissions, Oregon Beef Council and Oregon Wheat Commission 561.255
Permits for confined animal feeding operations or concentrated animal feeding operations 561.258
Regulation of vermiculture 561.265
Inspecting records of persons required to pay fees to department 561.275
Inspecting premises and facilities of department licensees 561.279
Issuance of subpoenas by department for investigations or hearings 561.280
Enjoining violations of law 561.290
Jurisdiction over prosecutions 561.300
Unpaid license fees 561.303
Refund of excess fees or penalties 561.305
Issuance of licenses 561.315
Publication of product test reports 561.362
Activities of Oregon State University 561.364
Cooperation with Oregon State University 561.366
Conferences to coordinate work 561.372
State Board of Agriculture created 561.374
Compensation and expenses 561.376
Legislative findings 561.378
State Board of Agriculture report 561.395
Soil and Water Conservation Commission 561.400
Natural Resources Division 561.401
Disposition of moneys collected by Natural Resources Division 561.403
Extended stream bank erosion plans 561.407
Division responsible for obtaining available financing for plans 561.410
Department’s granting of credit 561.430
Deposit or bond to secure payment 561.450
Lien 561.510
Quarantines 561.540
Rules and regulations governing quarantines 561.545
Permits for shipments of articles subject to quarantine 561.560
Emergency quarantine 561.580
Cooperation with United States and other states with respect to quarantines 561.585
Quarantine notice summary 561.590
Violation of quarantine prohibited 561.600
Procedure for review of orders and regulations 561.605
Detention, seizure or embargo of agricultural products 561.610
Request for hearing 561.615
Conduct of hearing 561.620
Procedure when products disposed of 561.625
When hearing not required 561.630
Removing or defacing seizure or embargo notice unlawful 561.700
New Crops Development Board 561.710
Officers 561.720
Duties 561.730
Disposition of moneys received 561.738
Definitions for ORS 561.738 and 561.740 561.740
Regulation of biopharmaceutical crops 561.990
Penalties 561.993
Other penalties 561.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 561.615’s source at oregon​.gov