Or. Admin. Code § 690-020-0460 - Proposed Final Order, Request for Hearing, Contested Case Process

(1) Proposed Final Order, Notice of Assessment of Civil Penalty. A proposed final order or a notice of assessment of civil penalty must be consistent with the provisions of ORS 183.415, shall include notification of the right to a contested case hearing pursuant to ORS 183, and shall include any applicable or required element otherwise specified in Dam safety rules governing proposed final orders. A proposed final order or a notice of assessment of civil penalty must be served personally or by registered or certified mail.

(2) Request for Hearing. A Dam owner that receives a proposed final order or a notice of assessment of civil penalty has 30 calendar days from the date of service of the proposed final order in which to file a written request for hearing. The request for hearing must be filed either in person or by mail addressed to the Department's office in Salem, Oregon. The request for hearing may not be considered timely filed unless it is received in the Department consistent with this subsection. The request for hearing must include a written response specifying the reasons for disagreement with the proposed final order.

(3) Contested Case Procedure. Contested case hearings resolving requests for hearing to proposed final orders issued by the Department under these rules shall be heard by administrative law judges from the Office of Administrative Hearings. Hearings shall be conducted as provided in ORS 183 and the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act in OAR 137-003-501 to 0700 except:

(a) Only a Dam owner or the Dam owner's authorized representative may request a contested case hearing and be considered a party in any contested case;

(b) For expedited contested case hearings regarding proposed final orders addressing Unsafe conditions, discovery methods as provided in OAR 137-003-0566 shall not be allowed because the availability of other forms of discovery would unduly delay proceedings to address conditions that address a near-term risk of threat to life, property, or public infrastructure. Notwithstanding, a party may request public documents pursuant to a request for public records made to the Department as described in OAR Chapter 690, Division 3; and

(c) Immediate review under OAR 137-003-0640 is to the Director only.

(4) Proposed Order in Contested Case. Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order and shall serve the proposed order on each participant to the contested case.

(5) Exception to Proposed Order. If the recommended action in the proposed order is adverse to any party, the party may file written exceptions to the Department within 15 calendar days after a proposed order is served.

(6) Final Order. The Director may consider any exceptions received and shall issue a final order as provided in OAR 137-003-0665. An order adverse to a party may be issued upon default as provided in OAR 137-003-0672.

(7) The Department and a Dam owner may at any time use informal or alternative means to resolve a contested case hearing. When informal disposition of a contested case is made by stipulation, agreed settlement or consent order, the final order that incorporates the informal disposition is not subject to judicial review.

Notes

Or. Admin. Code § 690-020-0460

WRD 3-2020, adopt filed 06/29/2020, effective 7/1/2020

Statutory/Other Authority: ORS 183, 536.027, 540.488

Statutes/Other Implemented: ORS 183, 540.458, 540.461, 540.467, 540.470, 540.488, 540.995