Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0080 - Hearing Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OSP may
			 deny, refuse to reissue, suspend or revoke a qualification of a manufacturer or
			 manufacturer's representative, or refuse or discontinue a working relationship
			 with any manufacturer's representative liaison if the department after a
			 thorough investigation determines the manufacturer, manufacturer's
			 representative, or liaison to be intentionally untruthful, deceptive, operates
			 outside the permissions of program requirements, and/or falsely completes or
			 alters any written instrument related to the ignition interlock device program.
(2) OSP may, without prior
			 hearing, suspend or refuse to renew qualification of an ignition interlock
			 device for use in Oregon under ORS
			 183.430(2),
			 if OSP determines that there is a serious danger to the public health or safety
			 that requires immediate action.
(3)
			 OSP may deny, refuse to reissue, suspend or revoke a certification for a
			 manufacturer or manufacturer's representative upon OSP's determination that any
			 applicant or certification holder had failed to meet standards, comply, or no
			 longer complies with any requirement or provision listed in OAR 257-100-0010  through 257-100-0075.
(4) OSP may
			 deny, refuse to reissue, suspend, or revoke a certification for a service
			 center upon OSP's determination that any applicant or certification holder has
			 failed to meet standards, comply, or no longer complies with any requirement or
			 provision of the service center requirements listed in OAR 257-100-0025. A
			 manufacturer or manufacturer's representative whose certification is denied or
			 revoked may not re-apply for certification until 180 calendar days have passed
			 from the date of denial or revocation. A service center whose certification is
			 revoked may not reapply for certification until 180 calendar days have passed
			 from the date of revocation. Prior to OSP re-issuing certification to a
			 manufacturer's representative or service center after a denial, suspension, or
			 revocation, a manufacturer's representative or service center must be fully
			 compliant with all administrative rules, statutes and must have paid all
			 required fees.
(5) Before any
			 denial, refusal to reissue, suspension, or revocation of a manufacturer's or
			 manufacturer's representative's qualification or service center's certification
			 is taken, an investigation of the complaint or violation will be performed by
			 OSP. The manufacturer's representative is entitled to notice of the proposed
			 action and an opportunity for hearing, as prescribed in Oregon Administrative
			 Procedures Act, ORS
			 183.413 to
			 183.500
(6) OSP may remove a device model from the
			 list of qualified devices upon OSP's determination that any device model failed
			 to meet standards or no longer complies with requirements in ORS
			 813.600 or OAR 257-100-0010, OAR 257-100-0050  or OAR 257-100-0055. If a device model is
			 removed, the device model may not be installed for 180 calendar days from the
			 date of removal.
(7) Other than a
			 voluntary request to remove a device from the list of qualified devices, OSP
			 may remove a device from the list of qualified devices after an investigation
			 of the complaint or violation is performed by OSP. The device manufacturer or
			 manufacturer's representative is entitled to notice of the proposed action and
			 an opportunity for hearing, as prescribed in Oregon Administrative Procedures
			 Act, ORS
			 183.413 to
			 183.500.
(8) A request for an administrative hearing
			 must be filed in writing and received by OSP within sixty (60) calendar days
			 after the date of the notice of action.
(a)
			 The request for an administrative hearing may be sent to Oregon State Police
			 Ignition Interlock Device Oversight Program, 3565 Trelstad Avenue SE, Salem OR
			 97317; or
(b) Emailed to
			 ospiid@osp.oregon.gov.