2015 Oregon Revised Statutes
Volume : 11 - Public Health, Housing, Environment
Chapter 460 - Elevators; Amusement Rides and Devices
Section 460.155 - Appeals from adverse rulings of department.
(1) The Department of Consumer and Business Services shall hear the appeal of an appellant:
(a) Who has filed a written request:
(A) Within 10 days of receiving written notice that an injunction will be sought; or
(B) Within 30 days after receiving notice that a permit or certificate of competency will be canceled, revoked or suspended; or
(b) Who is affected by a notice described in paragraph (a) of this subsection.
(2) If there is a timely appeal, the injunction will not be sought or the permit or certificate of competency will not be canceled, suspended or revoked pending the appeal unless the reason for the injunction, cancellation, suspension or revocation constitutes an immediate menace to health or safety.
(3) The department shall likewise hear the appeal of an appellant who has filed a written request and who has reason to desire a change in the minimum safety standards or the rules under ORS 460.005 to 460.175, or has been denied a permit under ORS 460.055 or a certificate of competency.
(4) The department shall set the time and place for hearing and give the appellant 10 days’ written notice.
(5) All appeals shall be heard within three months of receipt of the request, except that if immediate menace to health or safety is involved the appeal shall be heard within 20 days of receipt of the request.
(6)(a) Two or more appeals may be consolidated for hearing, if based upon substantially the same facts.
(b) The department and the appellant may subpoena witnesses who shall receive the same compensation and mileage pay as circuit court witnesses.
(c) The appeal shall be heard by the department before the Electrical and Elevator Board.
(d) A written record shall be kept.
(e) The department shall determine the appeal after consultation with and giving consideration to the views of the board.
(7) Judicial review of any final order or decision of the department shall be taken pursuant to the provisions of ORS chapter 183.
[1961 c.427 §24; 1963 c.330 §9; 1973 c.528 §15; 2005 c.758 §28]
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
