Or. Admin. Code § 632-037-0110 - Appeals; Consolidated Contested Case Hearing
(1) The applicant or any person who appeared
before a permitting agency at the consolidated public hearing, either orally or
in writing, may file with the State Geologist a written request for a
consolidated contested case hearing. The request shall be filed within 30 days
after the date the permit was granted or denied. The applicant or person
requesting a consolidated contested case hearing shall state the reasons for
requesting the hearing and the objections to the permitting agency's action in
accordance with the Attorney General's Model Rules of Procedure.
(2) Upon receipt of a request under section
(1) of this rule, the Department shall schedule a consolidated contested case
hearing. The hearing shall be held not less than 60 days or more than 75 days
after the notice of permit issuance or denial. The hearing shall be conducted
in accordance with ORS Chapter 183 and the Attorney General's Model Rules of
Procedure.
(3) Any permit granted
by a permitting agency shall be suspended until completion of the
administrative hearings process.
(4) If all permitting agencies are subject to
ORS 183.635(1),
DOGAMI may request that a single administrative law judge be appointed to
preside over the consolidated contested case hearing. If more than one hearings
officer is appointed, the Department shall appoint a chief hearings officer.
The role of the chief hearings officer shall be to organize the proceedings.
(5) The hearings officer(s) shall
prepare a proposed order for each contested permit.
(6) A party may file written exceptions to
the proposed order with the appropriate permitting agency. If the permitting
agency determines that additional information presented in a written exception
was unavailable at the time of the consolidated contested case hearing and is
significant to the adoption or modification of the proposed order, the agency
shall remand the order to the appropriate hearings officer for further
consideration.
(7) After receiving
exceptions and hearing argument on the exceptions to the proposed order, the
permitting agency may either adopt the proposed order or issue a new
order.
Notes
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.983
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