Or. Admin. Code § 410-141-5275 - CCO ACQUISITIONS AND MERGERS: Hearing, Request, Notice
(1) Contested case
hearings shall be conducted pursuant to ORS
183.411 through ORS
183.497 and the Attorney
General's Uniform and Model Rules of Procedure for the Office of Administrative
Hearings, OAR 137-003-0501 through OAR
137-003-0700, and the provisions
of this rule.
(2) A party to a CCO
Form A application that wishes to contest a Notice of Proposed Final Order
issued by the Authority that fully resolves the Form A application must request
a hearing within fifteen (15) calendar days from the date of service of the
final order and a notice of right to a hearing.
(3) A contested case hearing must be held
within thirty (30) business days after the date the written request for a
hearing was filed.
(4) In addition
to any other notice required under ORS Chapter 183, at least twenty (20)
business days before the hearing, the Director shall notify the parties to the
CCO Form A application that requested a hearing of the hearing.
(5) The issues to be considered in a
contested case conducted pursuant to this rule shall be limited in scope to the
facts and conclusions contained in the final order or determination.
(6) In a contested case conducted pursuant to
this rule, an administrative law judge assigned by the Office of Administrative
Hearings shall serve a proposed order on all parties and the Authority, unless
prior to the hearing the Authority notifies the administrative law judge that a
final order may be served, within thirty (30) calendar days of the close of the
evidentiary record in the contested case.
(7) The Authority shall issue a final order
within thirty (30) days of receipt of the proposed order, which may adopt some
or all of the proposed order, as the Authority shall determine in its sole
discretion. The final order is effective immediately upon being signed or as
otherwise provided in the order.
(8) The time limits established in rule may
be waived or shortened by agreement among the parties and the
Authority.
(9) All contested case
hearing decisions are subject to judicial review under ORS
183.482 in the Court of
Appeals.
Notes
Statutory/Other Authority: ORS 413.042, 414.572, 414.591 & 414.605
Statutes/Other Implemented: ORS 414.570-414.686 & 415.001-415.430
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