(2) If the person fails to pay the cost set forth in a billing within 30 days after the second billing, the State Fire Marshal, acting for the State Fire Marshal or on behalf of the local fire department or district, may either:
(a) Bring an action for the recovery of such unpaid cost from the person responsible for causing the hazardous material or hazardous substance emergency; or
(b) Initiate a contested case hearing according to the applicable provisions of ORS chapter 183.
(3) Notwithstanding any provision of ORS chapter 183, nothing in subsection (2) of this section shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (2)(a) of this section. [1989 c.833 §89; 1991 c.804 §3; 1993 c.707 §10]
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