(1) Upon its own motion or upon any complaint, the Oregon Health Licensing Agency may initiate and conduct investigations of matters relating to the practice of occupations or professions subject to the authority of the boards, councils and programs listed in ORS 676.606.
(2) While conducting an investigation authorized under subsection (1) of this section or a hearing related to an investigation, the agency may:
(a) Take evidence;
(b) Administer oaths;
(c) Take the depositions of witnesses, including the person charged;
(d) Compel the appearance of witnesses, including the person charged;
(e) Require answers to interrogatories;
(f) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation; and
(g) Conduct criminal and civil background checks to determine conviction of a crime that bears a demonstrable relationship to the field of practice.
(3) In exercising its authority under this section, the agency may issue subpoenas over the signature of the Director of the Oregon Health Licensing Agency or designated employee thereof and in the name of the State of Oregon.
(4) If a person fails to comply with a subpoena issued under this section, the judge of the Circuit Court for Marion County may compel obedience by initiating proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court.
(5) If necessary, the director, or an employee designated by the director, may appear before a magistrate empowered to issue warrants in criminal cases to request that the magistrate issue a warrant. The magistrate shall issue a warrant, directing it to any sheriff or deputy or police officer, to enter the described property, to remove any person or obstacle, to defend any threatened violence to the director or a designee of the director or an officer, upon entering private property, or to assist the director in enforcing the agency’s authority in any way.
(6) In all investigations and hearings, the agency and any person affected thereby may have the benefit of counsel. [2003 c.547 §1; 2005 c.648 §4]
Note: See note under 676.605.
Section: Previous 676.345 676.400 676.440 676.600 676.605 676.606 676.607 676.608 676.610 676.612 676.613 676.615 676.617 676.618 676.620 NextLast modified: August 7, 2008