1. (1) A person who wishes to appeal a fine, license denial, suspension or revocation pursuant to ORS Chapter 463 shall send a written or electronic request for a hearing to the Commission.

2. (2) The request shall be sent to the Commission’s address or email address, and shall contain the following information:

   1. (a) The person’s name, address, telephone number, and email address if applicable;
   2. (b) The date of the request;
   3. (c) Type of license held and license number;
   4. (d) A detailed statement showing grounds for reduction or dismissal of the fine, suspension, or revocation, as applicable;
   5. (e) A statement whether the requester is represented by an attorney.  If the requester is represented by an attorney, the name, address, telephone number of the attorney;
   6. (f) A statement of request for a case hearing under ORS chapter 183;
   7. (g) Whether the services of an interpreter are required and if so, for which language;
   8. (h) The requester’s signature.
3. (3) The Commission shall return to the requester without action any request that is incomplete because it lacks one or more of the items described above.
4. (4) Within 30 days after receipt of a complete request, the Commission shall set the matter for hearing.
5. (5) The Commission bears the burden of proving their case by a preponderance of the evidence.
6. (6) A request for hearing shall be deemed abandoned and the request dismissed if the party who appealed and requested a hearing fails to appear at a duly noticed meeting, unless the party demonstrates good cause for the failure to appear.
7. (7) Parties will be notified of the final order pursuant to ORS chapter 183.

Statutory/Other Authority

ORS 463.113

Statutes/Other Implemented

ORS 463.113

History

SAC 11-2018, adopt filed 01/09/2018, effective 01/09/2018