1. (1) Any facility that receives a notice of proposed action may request a contested case hearing as provided under ORS chapter 183.
2. (2) The written request must be received by the Department within 20 days of the date of the notice.

3. (3) Prior to the hearing, the facility shall meet with the Department for an informal conference.

   1. (a) The informal conference may be used to negotiate a written settlement agreement.
   2. (b) If the settlement agreement includes a reduction or waiver of penalties, the agreement must be approved and signed by the Director.
4. (4) Nothing in this section shall preclude the Department and the facility from agreeing to an informal disposition of the contested case at any time, consistent with ORS 183.417.
5. (5) If the case proceeds to a hearing, the administrative law judge shall issue a proposed order with respect to the notice of proposed action.

Statutory/Other Authority

ORS 409.050, 410.070 & 411.060

Statutes/Other Implemented

ORS 409.750 & OL 2003 Ch. 736

History

APD 7-2014, f. & cert. ef. 4-1-14
SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14
Renumbered from 410-050-0551, SDP 3-2021, f. & cert. ef. 2-1-11
DMAP 2-2008, f. & cert. ef. 1-25-08
OMAP 3-2005, f. & cert. ef. 2-1-05