(1) A person or agency receiving a notice of
civil penalty may request a hearing by making written application to the
Department within 20 days of the service date of the notice. The service date
of the notice shall be the date of mailing. If mailed, a request for hearing
shall be considered made on the date the request is postmarked. If the
postmarked date exceeds 20 days after the service date of the notice, the
responsible party's right to a contested case hearing shall be
(2) If a responsible party
fails to request a hearing or makes an untimely request, a final order may be
issued upon prima facie case made on the record of the Department.
(3) If a hearing is requested timely, it
shall be scheduled and conducted according to contested case procedures.
Following the hearing, the Director shall enter a proposed order. If no
exceptions are filed, the proposed order becomes final.
(4) Judicial review of an order issued under
this section shall be as provided in ORS
183.497 for judicial review of
contested cases. Jurisdiction for judicial review of contested cases is
conferred upon the Court of Appeals.