2011 ORS § 448.255¹
Notice of violation
  • content
  • hearing
  • order
  • appeal

(1) Whenever the Director of the Oregon Health Authority has reasonable grounds to believe that a water system or part thereof is being operated or maintained in violation of any rule adopted pursuant to ORS 448.115 (Definitions for ORS 448.115 to 448.285) to 448.285 (Penalty schedule), 454.235 (Election) and 454.255 (Plans and cost estimates), the director shall give written notice to the water supplier responsible for the system.

(2) The notice required under subsection (1) of this section shall include the following:

(a) Citation of the rule allegedly violated;

(b) The manner and extent of the alleged violation; and

(c) A statement of the partys right to request a hearing.

(3) The notice shall be served personally or by registered or certified mail and shall be accompanied by an order of the director requiring remedial action which, if taken within the time specified in the order, will effect compliance with the rule allegedly violated. The order shall become final unless request for hearing is made by the party receiving the notice within 10 days from the date of personal service or the date of mailing of the notice.

(4) The form of petition for hearing and the procedures employed in the hearing shall be consistent with the requirements of ORS chapter 183 and shall be in accordance with rules adopted by the Oregon Health Authority.

(5) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings).

(6) The order shall be affirmed or reversed by the director after hearing. A copy of the directors decision setting forth findings of fact and conclusions shall be sent by registered or certified mail to the petitioner or served personally upon the petitioner. An appeal from such decision may be made as provided in ORS 183.480 (Judicial review of agency orders) relating to a contested case. [1973 c.835 §171; 1975 c.254 §11; 1981 c.749 §16; 1997 c.249 §150; 1999 c.849 §§84,85; 2003 c.75 §36; 2009 c.595 §853]