Or. Admin. Code § 345-015-0430 - Prehearing Conference and Prehearing Order

(1) The hearing officer may hold one or more prehearing conferences to address petitions for party or limited party status and issues. The hearing officer shall consider which issues, if any, the person may participate in by considering the applicable provisions in OAR 345-015-0415 and OAR 137-003-0535(8).

(2) The hearing officer may also conduct one or more prehearing conferences for the purposes and in the manner described in OAR 137-003-0575.

(3) At the conclusion of the prehearing conference(s) described in (1) and (2), the hearing officer must issue a prehearing order or orders stating the issues to be addressed in the contested case hearing, the parties, the limited parties, the issue(s) on which each limited party may participate, the contested case procedures, and the schedule.

(4) The hearing officer may cancel or reschedule any previously noticed prehearing conference.

(5) If an appeal to Council of a hearing officer's ruling on party status described in subsection (1) results in the granting of party status, the hearing officer shall issue an amended order.

(6) Failure to raise an objection regarding suggested procedures to be followed in the contested case or a proposed description of an issue during the prehearing conference when such procedures and issues are being discussed and established by the hearing officer constitutes waiver of that objection.

(7) Failure to raise an issue in the prehearing conferences for the contested case hearing on an application for a site certificate constitutes a waiver of that issue.

Notes

Or. Admin. Code § 345-015-0430

EFSC 2-2024, adopt filed 10/01/2024, effective 10/1/2024

Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2)

Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615, ORS 469.992 & ORS 183.310(7)