Rule Caption: Update and clarify the contested case process regarding default orders; housekeeping.

Stat. Auth.: ORS 181.640, 181.661, 181.662, 181.664, 181.878, 181.882, 181.885 & 183.341

Stats. Implemented: ORS 181.640, 181.661, 181.662, 181.664, 181.878 & 181.885.

Proposed Amendments: 259-008-0070, 259-009-0070, 259-060-0300

Last Date for Comment: 1-21-14, Close of Business

Summary: HB 2790 (2010) changed the timeline for serving Notices of Intent to Deny or Revoke Certification or Licensure (NOI). Currently, an NOI is served and the contested case process begins immediately following a Policy Committee’s decision to deny or revoke certification or licensure. If the officer fails to request a hearing within the allotted timeframe, the NOI becomes a final order by default denying or revoking certification or licensure.

   This proposed rule clarifies that, even if an NOI defaults to a final order due to lack of timely request for a hearing, DPSST not issue any notifications or make any notations concerning a revocation or denial until the Board has reviewed and affirmed a Policy Committee’s recommendation. This will prevent injury should the Board ultimately disagree with a Policy Committee recommendation.

   Finally, an error was discovered in OAR 259-009-0070. Unlawful Use of a Weapon is incorrectly listed as a Category I offense, rather than a Category II offense. Looking at the rule history, this appears to be in error. This proposed rule change will categorize Unlawful Use of a Weapon as a Category II offense.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions.