Carroll v. Dept. of Public Safety Standards 

ORS 183.745(4) allows a person against whom a civil penalty is to be imposed to request a hearing to challenge the penalty, to be conducted as a contested case hearing.

Petitioner appealed an order of the Department of Public Safety Standards and Training (DPSST) that imposed a penalty for each violation and costs of the proceedings pursuant to ORS 703.995(1)(b).  Petitioner assigned error to DPSST’s assessing the cost-based civil penalty without first affording him a contested case hearing.  On appeal, Petitioner argued he should have been permitted to challenge the imposition of the penalty at such a hearing. ORS 183.745(4) allows a person against whom a civil penalty is to be imposed to request a hearing to challenge the penalty, to be conducted as a contested case hearing.  Because a cost-based penalty assessed under ORS 703.995(1)(b) is a penalty subject to challenge under 183.745(4), the Court of Appeals concluded that Petitioner should have been given an opportunity to present his objections.  Since the ALJ precluded that opportunity, the Court held that was error.  However, the Court ultimately held the error did not require reversal because there had been no showing of prejudice. Affirmed.