(2) The department may, after making an investigation on the department’s motion, provide notice to the motor carrier, railroad or other person of the department’s proposed action or may, without notice or hearing, make such findings and orders as the department deems justified or required by the results of such investigation.
(3) Any party aggrieved by a notice of proposed action or by an order entered pursuant to subsection (2) of this section may request the department to hold a hearing pursuant to ORS 183.413 to 183.497.
(4) An order issued under this section prior to a hearing shall be stayed pending the outcome of the hearing unless the department finds that the order is necessary to protect the public health, safety or environment. [1995 c.733 §37; 1997 c.275 §10]