1. (1) Any person may request a hearing regarding the assessment of a civil penalty.
2. (2) Hearings requests must be filed at the Salem Department of the State Fire Marshal within 20 days from the date of service of the notice of civil penalty.
3. (3) Any person who requests a hearing is entitled to a hearing.

4. (4) The hearing process may include:

   1. (a) An informal conference to discuss if there is a basis for informal disposition of a civil penalty by stipulation, agreed settlement, or other means;
   2. (b) A formal hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion and order issued.
5. (5) The formal hearing must be conducted as a contested case hearing according to the provision of the Administrative Procedures Act (APA) ORS 183.413 to 183.470.

Statutory/Other Authority

ORS 183.090 & 480.110 - 480.165

Statutes/Other Implemented

ORS 480.110 - 480.165

History

OSFM 81-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93