§ 264.50. Procedure for designation of a problem pay telephone.

(a) Before issuing an order under subsection 264.50(b), the licensing official shall conduct an informal hearing to determine whether a particular pay telephone is a problem telephone, and if so, what measures can be taken to correct the condition. The informal hearing shall be preceded by at least ten (10) days' written notice to the licensee and the owner of the outdoor pay telephone at the address indicated on the subject pay telephone describing the time, place, and subject matter of the hearing. The licensing official may consider any evidence with probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.

(b)

Following the hearing, the licensing official may issue an order to the licensee to take remedial measures, including but not limited to:

(1)

Requiring that the telephone be modified through use of existing technology to prevent persons from using the telephones to facilitate criminal activity.

(2)

Installing a lockup telephone.

(3)

Requiring that the telephone be modified to prohibit incoming calls.

(4)

Requiring the telephone be moved to a different location on the parcel.

(5)

Requiring that calls to pagers and/or cellular telephone numbers be blocked.

(6)

Restricting coin access.

(7)

Adding lighting.

(8)

Rendering the telephone inoperative during certain hours.

(9)

Temporarily removing or suspending the service of the telephone.

(10)

Changing the type of enclosure of the telephone.

(11)

Posting a sign indicating that a telephone has been modified, if applicable.

(c)

Upon establishing that a remedial measure(s) ordered by the licensing official does not adequately remedy the problem created by the pay telephone and upon further reasonable notice to the parties involved, the licensing official may issue an order for removal of the telephone.

(d)

The licensing official shall issue the order, if necessary, in writing addressed to the licensee at the address listed in its most recent license application and to the outdoor pay telephone owner. (92-Or-095, § 1, 8-7-92; 94-Or-101, § 4, 7-29-94; 2013-Or-168, § 2, 12-6-13)