Ore 0n Department of Agriculture 635 Capitol St NE Kate Brown, Governor Salem, OR 97301-2532 PESTICIDES PROGRAM TEL: 508-986-4635 CERTIFIED MAIL Sent?on August 18, 2016 to: August 1, 2016 Kelly? D. Kreder Kelly Kreder 7920 SE Webfoot Road 15010 SE Kreder Road Dayton. OR 971 14-8032 Dayton, OR 97114 Re: NOTICE OF VIOLATION AND IMPOSITION OF CIVIL PENALTY and ORDER, ODA CASE NO. 160054 This is a Notice of Violation and Imposition of Civil Penalty and Proposed/Final Order that is based on a pesticide investigation conducted by the Pesticides Program of the Oregon Department of Agriculture. This NOTICE addresses violation of Oregon Revised Statutes (ORS) Chapter 634. The action is taken pursuant to statutory and regulatory provisions including but not limited to ORS Chapter 183, ORS 634.900 et Seq, Oregon Administrative Rules (OAR) Chapter 137, Division 3, and OAR 603-057-0500 ef seq. Also enclosed is information on contested case rights and procedures. This information is provided for your consideration should you select to contest the NOTICE and request an administrative hearing of this matter. Read all of the NOTICE carefully. If you request a hearing in this matter, your request for hearing must be made in writing to the Oregon Department of Agriculture so that it is received by the Department within ten business days of the date that you receive the NOTICE. If you do not request a hearing this NOTICE will become the Final Order, and the Final Order shall constitute a judgment. DALE L. MITCHELL PESTICIDES COMPLIANCE PROGRAM MANAGER OREGON DEPARTMENT OF AGRICULTURE Encl: Notice of Contested Case Rights and Procedures STATE OF OREGON DEPARTMENT OF AGRICULTURE Before The Director of The Department'of Agriculture NOTICE OF VIOLATION and IMPOSITION OF CIVIL PENALTY and ORDER, for Violation of the State Pesticide Control Act, ODA Pesticides Case No. 160054 In the Matter of: Kelly D. Kreder an agricultural grower and private pesticide applicator The Director of the Oregon Department of Agriculture (ODA or the Department) hereby assesses a civil penalty in the amount of $407.00, against Kelly D. Kreder (Mr. Kreder) as authorized by statutory and regulatory provisions including, but not limited to, ORS 634.900 to ORS 634.915 and OAR 603-057-0500 to 603-057-0532. The findings and conclusions on which this determination is based, and the criteria used to calculate the penalty, are set out below. I. APPLICABLE LAW 1. The applicable law includes the following: ORS Chapters 183 (administrative law), 561 (agriculture), and 634 (pesticides); Oregon Administrative Rules (OAR) Chapter 137, Division 3 (contested case procedures); and OAR Chapter 603, Division 57 (pesticide control). 2. Oregon's pesticide control law is known as the State Pesticide Control Act and is codified in Oregon Revised Statutes (ORS) Chapter 634. 3. ORS 634.006(8) states that ?Pesticide' includes: ?Defoliant? which means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission; ?Desiccant? which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (0) ?Fungicide? which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus; ?Herbicide" which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; ?Insecticide" vivhich means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever; ?Nematocide? which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes; (9) ?Plant regulator? which means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; or Any substance, or mixture of sUbstances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the department declares to be a pest, which may infest or be detrimental to vegetation, humans, animals, or be present in any environment thereof." Kelly D. Kreder Notice of Violation and Civil Penalty Page 2 of 8 4. ORS 634.372(4) states, person may not: Perform pesticide application activities in a faulty, careless or negligent manner.? 5. ORS 634.006(22) states, ?Restricted-use pesticide? means any pesticide or device that the department has found and determined to be so injurious or detrimental to humans, pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required.? 6. The Department is responsible for enforcing the Oregon State Pesticide Control Act and may make any rule necessary for enforcement of program requirements. ORS 561.020; ORS 561.190; ORS Chapter 634. 7. Oregon Administrative Rules (OAR) Chapter 603 Division 057 is entitled Pesticide Control and implements provisions of the State Pesticide Control Act, ORS Chapter 634. 8. ORS 561.190 states: ?The State Department of Agriculture is authorized and directed to make any and all rules and regulations necessary for the administration or enforcement of any law with the administration or enforcement of which the department is charged, and not inconsistent with the authority with which the department is vested or with any such law. Such rules and regulations shall be compiled and printed in pamphlet form for distribution. The violation of any rule or regulation made by the department pursuant to this section shall be a violation of the law to which such rule or regulation applies and shall be punishable in the manner provided for violations of such law.? 9. ORS 634.900 et seq. authorizes ODA to impose civil penalties for violations of provisions of ORS Chapter 634. ORS 634.375 states: ?The State Department of Agriculture may suspend, revoike or refuse to renew a license, certificate or other authorization issued to a person under this chapter if the person fails to pay a civil penalty under ORS 634.900 on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal." 10. OAR 603-057-0500 et seq. provides formulae for calculating the civil penalties authorized by ORS 634.900. OAR 603-057-0502(7) states ?Civil penalties shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal. A person may pay a civil penalty before an order becomes final. Payment of a civil penalty before an order becomes final is an admission by the person of all of the allegations?iin the Notice of Imposition of Civil Penalty." 11. ORS 634.900 and OAR 603-057-0510 authorize the Department to issue Notices of Violation for violations of ORS Chapter 634. ll. FINDINGS OF FACT ODA Pesticides Case No. 160054 1. This Notice and Order results from a pesticide use investigation conducted by ODA in response to a complaint about drift or off-site deposition of pesticides applied to a filbert orchard in Yamhill County, Oregon in July of 2015. The person in contact with ODA regarding this matter was Kelly D. Kreder. 2. Mr. Kreder is an agricultural grower operating from 15010 SE Kreder Road, Dayton, Yamhill County, Oregon. Mr. Kreder grows filberts in the Yamhill County area of Oregon. This agricultural operation involves the application of pesticides to growing crops. Kelly D. Kreder Notice of Violation and Civil Penalty Page 3 of 8 3. Mr. Kreder is licensed by ODA as a Private Pesticide Applicator, license number L0087683PAL. This license was first issued in October of 1977. (a - 4. Sometime before July 29, 2015, Mr. Kreder, through agents or employees, used a ground sprayer to apply pesticides onto the floor of a filberttorchard on the west side of SE Webfoot Road, Yamhill County, Oregon, approximately centered at 45? 11? 54? latitude, 123? 5' 24" longitude, about 1.5 miles southwest of Dayton. The pesticides Mr. Kreder applied here included an herbicide containing the active ingredient paraquat, and an herbicide containing the active ingredient The specific EPA registration numbers for these products were not provided by Mr. Kreder. Each of the pesticides were applied to the orchard as a separate application; no pesticides were tank mixed. These applications may be collectively referred to herein as the 2015 applications, or individually as the paraquat application, or application. The treated area may be referred to as the filbert orchard. 5. Products containing the active ingredient paraquat are designated as Restricted?use Pesticides (RUP), due to paraquat?s acute toxicity. 6. Paraquat is a generic active ingredient which is found in a variety of pesticides. Pesticides containing paraquat as the active ingredient include label language with drift management requirements for avoiding off-target drift movement. 7. is a generic active ingredient which is found in a variety of pesticide products. Pesticides containing as the active ingredient include label language cautioning against spray drift from the application site, and indicate that it is the applicator and grower's responsibility to prevent spray drift. 8. Rufino Reyes (Mr. Reyes) owns Palmer Creek Nursery on the west side of SE Webfoot Road, immediately north of the filbert orchard. This nursery may be referred to as Palmer Creek. On July 29, 2015, Mr. Reyes told ODA that pesticide applications made by Mr. Kreder were damaging his arborvitae hedge. 9. On July 29, 2015 ODA went to Palmer Creek and met with Mr. Reyes. While onsite, ODA collected a sample from the arborvitae, and also spoke to Mr. Kreder. During this and subsequent conversations, Mr. Kreder described the 2015 applications. The sample was secured and delivered to ODA Laboratory Services, Portland, Oregon (the ODA lab), with a request for analysis for paraquat and 10. On February 11, 2016 the ODA lab issued the following results of its analyses of the sample. For all analyses the results are given in parts per million (ppm). For all analyses the Method Reporting Limit (MRL) was 0.010ppm. Sample Description Detected paraquat Detected 160054-1 Arborvitae foliage, Palmer Creek hedge 1.6 0.032 11. ODA considered possible sources of the detected pesticides. Based on and detection locations as well as Mr. Kreder's description, the 2015 applications were the only likely sources of the detected pesticides. Other locations in the area that might be treated with these types of pesticides were separated from the and detections by large distances and/or vegetative barriers. Kelly D. Kreder Notice of Violation and Civil Penalty Page 4 of 8 ULTIMATE FINDINGS OF FACT 1. Kelly D. Kreder is an agricultural grower in Yamhill County, Oregon. His crops include filberts and his agricultural activities include the application of pesticides onto filbert orchards. 2. During 2015 Mr. Kreder, through agents or employees, separately applied two pesticide products to the floor of a filbert orchard in Yamhill County, Oregon, southwest of Dayton. 3. During the 2015 applications, Mr. Kreder was licensed by ODA as a Private Pesticide Applicator. 4. Paraquat?containing pesticides are designated as RUPs. Pesticides containing paraquat as the active ingredient include label language with drift management requirements for avoiding off-target drift movement. 5. Pesticides containing as the active ingredient include label language cautioning against spray drift from the application site, and indicate that it is the applicator and grower?s responsibility to prevent spray drift. 6. Subsequent to the 2015 applications, samples were taken from an arborvitae hedge on a neighboring property. and paraquat, the active ingredients in the pesticides applied, were then detected on the neighboring property. 7. The Department investigated possible sources of the detected pesticides, and found that the 2015 applications were the only likely sources. These ultimate findings of fact are based on the findings of fact. IV. CONCLUSION OF LAW The Oregon Department of Agriculture determines that Kelly D. Kreder violated Oregon Revised Statutes (ORS) Chapter 634 as follows: VIOLATION N05. 1 THROUGH 2 Kelly D. Kreder violated ORS which states A person may not: Perform pesticide application activities in a faulty, careless or negligent manner. Specifically, in 2015, Mr. Kreder, through agents or employees, used a ground sprayer to apply pesticides onto the floor of a filbert orchard on the west side of SE Webfoot Road, Yamhill County, Oregon, approximately centered at 45? 11? 54? latitude, 123? 5? 24? longitude, about 1.5 miles southwest of Dayton. The pesticides Mr. Kreder separately applied here included an herbicide with the active ingredient paraquat and an herbicide containing the active ingredient Paraquat-containing products are designated as Restricted-use Pesticides. The labels for paraquat? containing products include drift reduction requirements. Labels for products include language about preventing spray drift. Subsequent to the 2015 applications, herbicidal appeared, and and paraquat were detected on a neighboring property to the north. The Department considered possible sources of the detected pesticides, and found that the application and the paraquat application were the only likely sources. Mr. Kreder did not read or comply with the product labels closely enough to be sure that application conditions remained consistent with these label provisions. Separately applying these two pesticide Kelly D. Kreder Notice of Violation and Civil Penalty Page 5 of 8 products without taking care to ensure that spray conditions remained suitable, and where some of the material from each of the two applications was deposited onto a neighboring property, was a pesticide application activity performed in a faulty, careless or neglent manner, constituting two violations of ORS these violations are designated as Violation No. 1 (paraquat application) and Violation No. 2 application). These conclusions are based on the findings of fact and ultimate findings of fact. V. PENALTY and DEPARTMENT ACTIONS The penalty for Violation No. 1 is $407.00. The penalty is determined using the criteria in OAR 603-057- 0525 to 603-057-0530. NB NB) $370 $407.00 $407.00 1 violation $407.00 1. N, the number of related violations within a period of three years prior to and including the date of the current violative act, is 1; OAR 2. B, the base penalty is $370.00; OAR The base penalty was determined as follows: a. The MAGNITUDE is CATEGORY (MAJOR) under OAR b. The GRAVITY is HIGH LEVEL because the pesticide applied was designated as a restricted use pesticide and was used over a wide area of application; OAR OAR 3. P, the past occurrence of unrelated violations is 0 (zero) because Mr. Kreder has no prior violations. OAR 4. H, the history of taking steps to correct a violation is 0 (zero) because there is insufficient information on which to base a finding; OAR 5. R, preventability of the violation and the presence of negligence or misconduct is 3 because the actions by Mr. Kreder determined to be violative were reasonably avoidable; OAR At the time of the pesticide application activity, Mr. Kreder should have been aware of the need to carefully read and follow pesticide labels and prevent spray drift. 6. C, cooperativeness is ?2 (negative OAR Mr. Kreder was cooperative and readily provided information to the Department regarding the pesticide applications. VIOLATION NO. 2 Notice of Violation Violation No. 2 (off-site deposition of is addressed by means of Notice of Violation; no civil penalties are proposed for Violation No. 2. Once the Department issues a Final Order, it does not anticipate any further action against Mr. Kreder for Violation No. 2. Kelly D. Kreder Notice of Violation and Civil Penalty Page 6 of 8 The final order regarding this Notice of Violation and Imposition of Civil Penalty will become a part of Mr. Kreder's history for a period of three years. Any future violations of ORS Chapter 634 or OAR Chapter 603, Division 057 within the next three years will subject Mr. Kreder to additional enforcement actions including, but not limited to, civil penalties, product seizure, or license revocation. VI. RIGHT TO A HEARING You are entitled to a contested case hearing as provided by statues and rules including, but not limited to: ORS Chapter 183, including 183.413 to 183.470, and ORS 183.745; OAR Chapter 137, Division 3, including OAR 137-003-0501 to 137-003-0700; ORS 634.905; and OAR Chapter 603, Division 57. The request for a hearing must be made in writing to the Department within ten business days of the date that you receive the OAR The request should be made to the attention of: Andrea Sonnen Pesticides Program, Oregon Department of Agriculture 635 Capitol Street NE Salem, Oregon 97301-2532 If you make a timely request for a hearing you will be notified of the date, time and place of such hearing. You will also be given information on the procedures, right of representation and other rights of parties relating to the conduct of the hearing before commencement of the hearing. An administrative law judge from the Office of Administrative Hearings will preside at any hearing. The Director of the Department has authority to issue the final order. If the recipient of the enforcement notice is a corporation, partnership, limited liability company, unincorporated association, trust, or other entity that is not a natural person or individual, it must be represented in the contested case process by an attorney unless otherwise authorized by law. Futhermore, the attorney representing such a corporation or other entity must ratify the request for hearing, in writing, within 28 days of the date that the request is received by the agency; OAR 137?003-0550. This provision does not, however,? require any entity to be represented by an attorney at any informal conference. lndividusals may but are not required to be represented by counsel. The state will not provide legal counsel in administrative cases such as this, but private legal aid organizations may be able to assist a person with limited financial resources. VII. FINAL ORDER If you do not make a timely request for a hearing, you will waive your right to request a hearing and this order will become final and effectitie 10 (ten) business days after it is served on you; OAR If you request a hearing but later fail to appear at the hearing, withdraw the request for a hearing, or notify the agency or administrative law judge that you will not appear at the hearing and it is not rescheduled, you will waive your right to a hearing and this order will become final; OAR In these circumstances, the Department will mail you a notice stating when this order became final. The Department has designated the relevant portions of its files on the subject of this matter, including all materials that you have submitted relating to this matter, as the record in this case for the purpose of proving a prima facie case upon default. If this order becomes final, the Department will issue a judgment against you and a civil penalty in the amount set out in this Notice will become due and payable 70 (seventy) days after the order becomes final. ORS 183.745. Your check or money order should be made payable to the Oregon Department of Agriculture and sent to: Kelly D. Kreder Notice of Violation and Civil Penalty Page 7 of 8 Oregon Department of Agriculture 635 Capitol Street NE Salem, Oregon 97301-2532 When any final order regarding this Notice becomes final you will have the right to appeal the order to the Oregon Court of Appeals pursuant to ORS 183. 482. To appeal you must file a petition for judicial review with the Court of Appeals within 60 days from the date this order becomes final. If you do not file a petition forjudicial review within this time period you will lose your right to appeal. day of ,2016 @221 ?/Qz my COBA DIRECTOR OREGON DEPT. OF (AGRICULTURE NOTE: Copies of the Department's investigation report will be provided upon request. The request must be made in writing. There may be a monetary charge for some reports. The written request should be made to: Oregon Department of Agriculture, Pesticides Program, ATTN: Andrea Sonnen, 635 Capitol Street NE, Salem, Oregon 97301?2532. NOTICE TO ACTIVE DUTY SERVICEMEMBERS: Active duty servicemembers have a right to stay these proceedings under the federal Servicemembers Civil Relief Act. For more information contact the Oregon State Bar at 800-452?8260, the Oregon Military Department at 800-452-7500, or the nearest United States Armed Forces Legal Assistance Office through Kelly D. Kreder Notice of Violation and Civil Penalty Page 8 of 8 Kelly D. Kreder Oregon Department of Agriculture, Pesticides Case No. 160054 Notice of Contested Case Rights and Procedures Pursuant to ORS you are entitled to be informed of the following: 1. Time and place of hearing. The time and place of hearing is or will be set forth in the Notice of Hearing issued by the Administrative Law Judge (ALJ) after the prehearing conference. Issues to be considered at hearing. The issues to be considered at hearing are those set forth in the notice issued by the Oregon Department of Agriculture (ODA), entitled Notice of Imposition of Civil Penalty and Proposed/Final Order (NICP), and dated 20: and those issues related thereto that are properly before the presiding of?cer to this proceeding. Law that applies. The matter set for hearing is a contested case. The hearing will be conducted as provided in Chapter 183 and 634 of the Oregon Revised Statutes the administrative rules of the ODA, OAR 603-057-0500 through 603- 057-0515, and the Attorney General's Office of Administrative Hearing Rules, OAR 137-003-0501 to 137?003-0700. Other laws involved include: ORS Chapters 561, 570, and 616; additional rules of the ODA, OAR 603-057; Title 7, Chapter 6, Subchapter ll of the United States Code; and Title 40, Parts 152, 156, and 180 of the Code of Federal Regulations. Right to attorney. You may be represented by an attorney at the hearing. Most persons are represented by counsel for hearings involving ORS 634. You are not required to be represented by counsel, unless you are a corporation, LLC, partnership, etc., in which case you are required to be represented by an attorney at the hearing, and more immediately, your request for a hearing must be ratified by an attorney within 28 days of the agency's receipt of the request, OAR 137- 003-0550. If you are not represented at the hearing and during the hearing you determine that representation by an attorney is necessary, you may request a recess to allow you an opportunity to secure the services of an attorney. The hearing ALJ will decide whether to grant such a request. The ODA will be represented by an attorney. Legal aid organizations may be able to assist a party with limited financial resources. Administrative Law Judge. The person presiding at the hearing is known as the administrative law judge (ALJ). The ALJ will rule on all matters that arise at the hearing, subject to agency consideration of matters transmitted for agency decision under OAR 137-003-0635 or matters subject to agency review under OAR 137-003-0640 or OAR 137-003?0570. The ALJ will be assigned by the Chief ALJ from the Of?ce of Administrative Hearings (OAH). The OAH consists of employees of, and independent contractors with, the Chief ALJ. The ALJ does not have the authority to make the ?nal decision in the case. The ?nal determination will be made by the Director of the ODA. Discovery. If the agency or the ALJ authorizes discovery, the agency or the ALJ shall control the methods, timing and extent of discovery. Discovery is permitted in this proceeding. Discovery is permitted as provided in OAR 137-003-0570, OAR 137-003-0572, and OAR 137-003-0573. Witnesses. A witness must testify under oath or affirmation to tell the truth. The ODA or the ALJ will issue subpoenas for witnesses on your behalf upon a showing that their testimony is relevant to the case and is reasonably needed by you to establish your position. if you are represented by an attorney, your attorney may issue subpoenas for attendance of witnesses at hearing. Payment of witness fees and mileage to the person subpoenaed is your responsibility. Order of evidence. A hearing is similar to a court proceeding but is less formal. Its general purpose is to determine the facts and whether the ODA's proposed action is appropriate. The order of presentation of evidence is normally as follows: a. Testimony of witnesses and other evidence of the ODA in support of its proposed action. b. Testimony of your witnesses and your other evidence. 0. Rebuttal evidence by the ODA and by you. Burden of presenting evidence. The burden of presenting evidence to support an allegation or position rests upon the proponent of the allegation or position. If you have the burden of proof on an issue, or if you intend to present evidence on an issue in which the agency has the burden of proof, you should approach the hearing prepared to present the testimony of witnesses, including yourself, and other evidence that will support your position. All witnesses are subject to cross- examination and also to questioning by ALJ. Notice of Contested Case Rights and Procedures Page 1 10. 11. 12. 13. 14. 15. 16. 17. Admissible evidence. Relevant evidence of a type commonly relied upon by reasonably prudent- persons in the conduct of their serious affairs is admissible and will be received. Hearsay evidence is not automatically excluded. Rather, the fact that it is hearsay generally affects how much reliance the ALJ and the Director of the ODA will place on it in reaching a decision. There are four kinds of evidence: .1 a. Knowledge of the agency or ALJ. The agency or ALJ may take "official notice" of facts based on the agency's or knowledge in a specialized field. This includes notice of general, technical or scientific facts. The agency or ALJ may also take "judicial notice" of a fact that is not subject to reasonable dispute in that it is generally known or is capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. You will be informed ifthe agency or ALJ takes ?official notice" or ?judicial notice? of any fact and you will be given an opportunity to contest any facts so noticed. b. Testimony of witnesses. Testimony of witnesses, including you, who have knowledge of the facts may be received in evidence. c. Writings. Written documents including letters, maps, diagrams and other written material may be received in evidence. d. Experiments, demonstrations and similar means used to prove a fact. The results of experiments and demonstrations may be received in evidence. Objections to evidence. Objections to the admissibility of evidence must be made at the time the evidence is offered. Objections are generally made on one of the following grounds: a. The evidence is unreliable; b. The evidence is irrelevant or immaterial and has no tendency to prove or disprove any issue involved in the case; c. The evidence is unduly repetitious and duplicates evidence already received. Continuances. There are normally no continuances granted at the end of the hearing for you to present additional testimony or other evidence. However, if you can show that the record should remain open for additional evidence, the ALJ may grant you additional time to submit such evidence. Record. A record will be made of the entire proceeding to preserve the testimony and other evidence for appeal. This may be done by use of a tape or digital recorder or court reporter. The record is generally not transcribed, unless there is an appeal to the Court of Appeals. However, you may obtain a copy of the tape recording upon payment of the costs of making a copy of the tape. if a court reporter is used, you may obtain a transcript or a copy of the court reporter's transcript upon payment of a transcription fee or other fee that the parties may agree upon. Proposed Order and Exceptions. The ALJ will issue a proposed order in the form of findings of fact, conclusions of law and recommended agency action. You will be provided with a copy and you will be given an opportunity to make written objections, called ?exceptions," to the recommendations. You will be notified when exceptions to the proposed order must be ?led. You will be notified when you may appear and make oral argument to the agency. Final Order. The agency will render the final order in this case. The agency may modify the proposed order issued by the ALJ. If the agency modifies the proposed order in any substantial manner, the agency in its order will identify the modifications and will provide an explanation as to why the agency made the modifications. The agency may modify a proposed finding of ?historical" fact dnly if the proposed finding is not supported by a preponderance of the evidence in the record. Appeal. If you wish to appeal the final order, you must ?le a petition for judicial review with the Oregon Court of Appeals within 60 days after the ?nal order is served upon you. See Oregon Revised Statutes 183.482. Notice to Active Duty Servicemembers. Active duty servicemembers have a right to stay these proceedings under the federal Servicemembers Civil Relief Act. For more information contact the Oregon State Bar at 800-452-8260, the Oregon Military Department at 800-452-7500, or the nearest United States Armed Forces Legal Assistance Of?ce through Notice of Contested Case Rights and Procedures Page 2