Or. Admin. Code § 660-045-0130 - The Contested-Case Hearing

(1) The contested-case hearing shall be conducted in accordance with ORS 183.413 to 183.470 ("Contested Cases"). The hearing also shall be conducted in accordance with the provisions of OAR Chapter 137, Division 3, Contested Case Proceedings. However, some provisions of OAR Chapter 137, Division 3, have been modified by commission rules pursuant to OAR Chapter 660, Division 3, or by this division. In such cases, the commission rules and this division shall apply.

(2) Before the hearing begins, the commission or hearings officer shall inform all parties of certain rights, issues, and procedures as required by subsections (2) to (4) of ORS 183.413 and ORS 183.415(7).

(3) The commission or hearings officer may conduct a prehearing conference, in conformance with OAR 137-003-0035 ("Prehearing Conferences").

(4) As specified in OAR 660-001-0005(2), parties to the contested-case hearing may be represented in three ways:

(a) A party may represent itself.

(b) A party may be represented by an attorney.

(c) Certain parties may be represented by an authorized representative who is not an attorney.

(5) Pursuant to ORS 183.440, parties to the contested case may subpoena witnesses. A party that subpoenas a witness shall pay the fees and mileage of the witness in accordance with ORS 183.440(1) and ORS 44.415(2). Payment shall be made directly to the witness.

(6) All discovery through means other than subpoena shall be done in accordance with OAR 137-003-0025 ("Discovery in Contested Cases").

(7) At the hearing, the requester shall recommend whether the enforcement order should include interim measures as specified in ORS 197.335(3)(a) (on interim requirements pending compliance with an order) and ORS 197.335(4) (on withholding grants or state-shared revenues). If the requester recommends that such measures be adopted, the requester must specify precisely what measures it recommends.

(8) At the hearing, the affected local government or district shall respond to the requester's recommendation on interim measures, and shall specify what measures, if any, the affected local government or district recommends.

(9) After the hearing and the record have been closed, the commission or hearings officer shall determine whether there is good cause to believe that grounds for enforcement pursuant to ORS 197.320(1) to ORS 197.320(10) or ORS 197.646(3) exist.

(10) If it is determined that there is good cause to believe that grounds for enforcement exist, the commission must specify, or the hearings officer must recommend, appropriate corrective action.

(11) If it is determined that there is good cause to believe that grounds for enforcement exist, the commission may specify, or the hearings officer may recommend, one or more interim measures, in accordance with the provisions of ORS 197.335(3) and (4).

Notes

Or. Admin. Code § 660-045-0130

LCDD 5-1998, f. & cert. ef. 9-23-98

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646