Or. Admin. Code § 690-077-0046 - Determination to Hold a Contested Case Hearing
(1) Within 60 days after the close of the
period for receiving protests, the Director shall determine whether to:
(a) Issue a final order as provided under ORS
537.170(6);
or
(b) Schedule a contested case
hearing.
(2) The
Director:
(a) May schedule a contested case
hearing if:
(A) A protest has been submitted;
and
(B) Upon review of the issues,
the Director finds that there are significant disputes related to the proposed
use of water.
(b) Shall
schedule a contested case hearing, if within 30 days after the close of the
period for submitting protests, the applicant submits the information required
for a protest under OAR 690-077-0043 and requests a contested case
hearing.
(3) As soon as
possible after making a determination under Section (1) of this rule to refer
an application to a contested case hearing, the Director shall advise the
applicant, the protestant and any person requesting standing that the matter is
being referred to contested case hearing, and describe the procedures each must
follow to participate in the contested case hearing. Such notification to the
participants shall not be considered the scheduling of the contested case
hearing for purposes of the running of the 45-day time period under Section (4)
of this rule.
(4) Within 45 days
after the Director schedules a contested case hearing under ORS
537.153(8), the
Department shall hold the contested case hearing, which shall be conducted in
accordance with the provisions of
183.413 to
183.470 and OAR chapter 690,
division 02. The issues to be considered in the contested case hearing shall be
limited to issues identified by the hearings officer.
(5) Notwithstanding the provisions of ORS
183.413 to
183.470 pertaining to contested
case proceedings, the parties to any contested case hearing initiated under
this rule shall be limited to:
(a) The
applicant;
(b) Any person who
timely filed a protest; and
(c) Any
person who timely filed a request for standing under OAR 690-077-0043 and who
requests to participate as a party or limited party in the contested case
hearing prior to the start of the proceeding.
(6) The contested case proceeding shall be
conducted in accordance with the applicable provisions of ORS
183.413 to
183.470 except:
(a) As provided in Sections (4) and (5) of
this rule; and
(b) An interlocutory
appeal under ORS 183.480(3)
shall not be allowed.
(6) After the conclusion of a contested case
hearing, any party may file exceptions to the hearing officer's proposed order
in the manner described in OAR 690-002-0175.
Notes
Stat. Auth.: ORS 536.025, 536.027, 537.153, 537.170 & 537.338
Stats. Implemented: ORS 537.332 - 537.360
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