Or. Admin. R. 345-001-0080 - Reconsideration and Rehearing - Orders in Other than Contested Cases

(1) A person entitled to judicial review under ORS 183.484 of a final order in other than a contested case may file a petition for reconsideration or rehearing with the Council within 60 days after the date of the order. A person seeking reconsideration or rehearing shall deliver or mail a copy of the petition to all other persons and agencies required by statute or rule to be notified.

(2) The petitioner shall set forth the specified grounds for reconsideration. The petitioner may support the petition by a written argument.

(3) The petitioner may include a request for a stay of a final order if the petition complies with the requirements of OAR 137-003-0090(2).

(4) The Council may grant or deny a petition by summary order, and, if the Council does not take action, the petition is deemed denied as provided by ORS 183.484(2).

(5) Any Council member may move for reconsideration of a final order in other than a contested case within 60 days after the date of the order. The Council shall grant reconsideration if approved by a majority of the Council. The procedural and substantive effect of granting reconsideration under this section is identical to the effect of granting a party's petition for reconsideration.

(6) The Council shall not grant reconsideration after the filing of a petition for judicial review unless permitted by the court.

(7) A final order remains in effect during reconsideration until stayed or changed.

(8) At the conclusion of a reconsideration, the Council shall enter a new order, which may be an order affirming the existing order.

Notes

Or. Admin. R. 345-001-0080

EFSC 2-1992, f. & cert. ef. 8-28-92; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. & cert. ef. 4-14-99

Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.403