2015 ORS 670.325¹
Proceedings on denial of license
  • restraining violations
  • authority of administrative law judge
  • record of proceedings

(1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS chapter 183.

(2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.

(3) Any administrative law judge conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the administrative law judge for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 §13; 1987 c.414 §99; 1999 c.849 §155; 2003 c.75 §108]

Notes of Decisions

Licensee may not avoid disciplinary ac­tion by requiring regulatory board to accept voluntary surrender of license. Pahl v. Board of Chiropractic Examiners, 164 Or App 378, 993 P2d 149 (1999)


1 Legislative Counsel Committee, CHAPTER 670—Occupations and Professions Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors670.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 670, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano670.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.