Or. Admin. Code § 340-011-0545 - Burden and Standard of Proof in Contested Case Hearings; DEQ Interpretation of Rules and Statutory Terms
(1)
The participant who asserts a fact or position is the proponent of that fact or
position and has the burden of presenting evidence to support that fact or
position, unless the burden is specifically allocated differently by a statute
or rule.
(2) All findings in a
proposed or final order must be based on a preponderance of evidence in the
record unless another standard is specifically required by statute or rule.
(3) In reviewing DEQ's
interpretation of a DEQ rule as applied in a formal enforcement action, an
administrative law judge must follow DEQ's interpretation if that
interpretation is both plausible and reasonably consistent with the wording of
the rule and the underlying statutes. The administrative law judge may state,
on the record, an alternative interpretation for consideration on appeal.
(4) With the exception of exact
terms that do not require interpretation, an administrative law judge shall
give DEQ's interpretation of statutory terms the appropriate deference in light
of DEQ's expertise with the subject matter, DEQ's experience with the statute,
DEQ's involvement in the relevant legislative process, and the degree of
discretion accorded DEQ by the legislature.
Notes
Stat. Author ORS 183.341 & 468.020
Stat. Implemented: ORS 183.450
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