Or. Admin. Code § 603-029-1500

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-029-1500 - Opportunity for Presentation of Views Before Report of Criminal Violations

(1) Except as provided in subsections (1)(a) through (e) of this rule, before the Department refers any violation of ORS chapter 603 or 619, or rules adopted thereunder, for criminal prosecution, the Department must give reasonable notice to the suspected violator that the Department intends to refer the violation for prosecution and give the suspected violator an opportunity to present the violator's views to the Department with respect to such proceeding.

(a) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in the alteration or destruction of evidence, or where disclosure could result in injury to persons or property.

(b) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in flight of a suspected violator to avoid prosecution.

(c) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in compromising special investigative techniques, such as undercover or other covert operations.

(d) Notice and opportunity need not be provided when the impending criminal referral involves suspicion of bribery and related offenses, or clandestine slaughtering and/or processing operations.

(e) Notice and opportunity need not be provided when the impending referral is part of an investigation involving violations of law other than ORS chapter 603 or 619, or rules adopted thereunder, and the multiple types of violations are jointly referred for prosecution.

(2) A notice of opportunity to present views will be sent by registered or certified mail, summarize the violations that constitute the basis of the contemplated prosecution, and describe the procedures for presentation of views. Any information given by a respondent, orally or in writing, shall become part of the Department's official record concerning the matter. The Department is under no obligation to disclose evidence to the suspected violator.

Or. Admin. Code § 603-029-1500

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036