(2) The appeal shall be taken by filing in the circuit court a copy of the notice of revocation and a denial or statement in writing and sworn to by the licensee putting in issue such facts in connection therewith as the licensee may desire to dispute or put in controversy. A copy of this sworn statement shall be served upon the State Board of Pharmacy by the licensee at the time of filing the same.
(3) The court may then proceed to hear and dispose of the matter in a summary manner upon such testimony and evidence as the licensee and the State Board of Pharmacy, the Attorney General or the district attorney of the county in question shall offer.
(4) If the court finds that the action of the State Board of Pharmacy in revoking such license or in making such seizure was without sufficient grounds, it shall order the license to be reinstated and the property seized to be restored. If the court finds that the licensee has been guilty of a violation of ORS 435.010 to 435.130 and that the revocation of license was justifiable, the property seized shall be ordered by the court to be destroyed and the sheriff shall carry out such order.
Structure 2021 Oregon Revised Statutes
Chapter 435 - Birth Control; Termination of Pregnancy
Section 435.010 - License required for manufacture or sale of contraceptives; exception.
Section 435.020 - Types of licenses; application; display.
Section 435.050 - License issuance; fee; duration; rules.
Section 435.060 - Revocation of licenses and seizure of equipment.
Section 435.070 - Appeal of revocation and seizure orders.
Section 435.090 - Labeling; standards; expiration date.
Section 435.100 - Standards; rules regarding enforcement.
Section 435.205 - Family planning and birth control services by public agencies; fees.
Section 435.252 - Definitions for ORS 435.252 and 435.254.
Section 435.305 - Voluntary sterilization authorized; advice; consent.
Section 435.475 - Refusal to admit patient for termination.
Section 435.485 - Medical personnel not required to participate in termination.
Section 435.496 - Report to Center for Health Statistics; who has duty; report content.