1. (1) Any violation of the requirements to comply with OAR 340-256-0467 by a host participant, OAR 340-256-0468 dealership participant, or OAR 340-256-0469 fleet participant in the Remote OBD Testing Program is subject to enforcement as provided in this rule.

2. (2) A violation described in section (1) is subject to DEQ taking any of the following enforcement actions:

   1. (a) A proposed order assessing civil penalties as provided under OAR chapter 340, division 12;
   2. (b) A proposed order disqualifying the person from participation in the Remote OBD Testing Program; and.
   3. (c) If DEQ finds a serious danger to the public health or safety would result from continued participation in the Remote OBD Testing Program, DEQ may issue a final order immediately suspending the person’s authorization to participate in the Remote OBD Testing Program.

3. (3) Orders may be challenged based on the following provisions;

   1. (a) A person who receives a proposed order described in section (2)(a) may request a hearing to challenge the order no later than 320 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11.  If a hearing is not requested, the proposed order(s) will become a final order by operation of law 20 days after the proposed order is issued.
   2. (b) A person who receives a proposed order described in section (2)(b) may request a hearing to challenge the order no later than 60 days after the proposed order is issued.  The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11.  If a hearing is not requested, the proposed order(s) will become a final order by operation of law 20 days after the proposed order is issued.

   3. (c) A person who receives a final order described in section (2)(c) may request a hearing to challenge the order no later than 90 days after the proposed order is issued.  The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11.

      [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation that EQC adopted under OAR 340-200-0040.]

Statutory/Other Authority

ORS 468A.380

Statutes/Other Implemented

ORS 468A.380

History

DEQ 4-2025, adopt filed 01/10/2025, effective 07/01/2025