Or. Admin. Code § 603-029-1570

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

Section 603-029-1570 - Procedures for Withholding Actions and Suspensions

(1) If the Department takes a withholding action or imposes a suspension, the state-inspected establishment shall be notified orally and, as promptly as circumstances permit, in writing. The written Notice of Withholding Action or Notice of Suspension shall:

(a) State the effective date of the action(s);

(b) Describe the reasons for the action(s);

(c) Identify the products or processes affected by the action(s);

(d) Provide the state-inspected establishment an opportunity to present immediate and corrective action and further planned preventive action;

(e) Advise the state-inspected establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and

(f) Comply with the requirements of ORS 183.415.

(2) If the Department determines that the condition prompting the withholding action or suspension poses a serious danger to the public health or safety, the Department may make the Notice of Withholding Action or Notice of Suspension effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

(3) The prior notification provided for in OAR 603-029-0110 shall:

(a) State the type of action that the Department may take;

(b) Describe the reason for the proposed action;

(c) Identify the products or processes affected by the proposed action;

(d) Advise the state-inspected establishment of its right to contact the Department to contest the basis for the proposed action or to explain how compliance has been or will be achieved; and

(e) Advise the state-inspected establishment that it will have three business days from receipt of the written notification to respond to the Department unless the time period is extended by the Department.

(4) A state-inspected establishment may challenge the Notice of Withholding Action or Notice of Suspension by requesting that a supervisor review the propriety of the action. A state-inspected establishment may also file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withholding Action or Notice of Suspension. If the state-inspected establishment timely requests a hearing, such hearing will be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. Upon request, or if the Notice of Withholding Action or Notice of Suspension is effective immediately, the Department will request that the hearing be expedited.

(5) The Department may hold a suspension in abeyance and allow the state-inspected establishment to operate under the conditions agreed to by the Department and the state-inspected establishment.

Or. Admin. Code § 603-029-1570

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