Or. Admin. Code § 860-002-0030 - Initiation of Alternative Dispute Resolution Process

(1) At any time or concurrent with the filing of a complaint or a petition for declaratory ruling in a dispute, either party may petition for alternative dispute resolution with the Commission. Before filing such a petition, the petitioner must first provide a written request to the non-petitioning party to participate in the alternative dispute resolution process before the Commission and the non-petitioning party must confirm in writing its agreement to participate in the alternative dispute resolution process. Once both parties confirm in writing their agreement to participate in the alternative dispute resolution process, the Commission will provide mediation services under these rules.

(2) In the event a party files a complaint or petition for declaratory ruling but does not petition for alternative dispute resolution, the respondent named in the complaint or petition for declaratory ruling may file a petition for alternative dispute resolution under these rules. Before filing such a petition, the respondent must first provide written consent to the petitioner to participate in the alternative dispute resolution process before the Commission and petitioner must confirm in writing its agreement to participate in the alternative dispute resolution process. Once both parties confirm their agreement to participate in the alternative dispute resolution process, the Commission will provide mediation services under these rules.

(3) A party receiving a written request to participate in the alternative dispute resolution process under section (1) or (2) above must promptly advise in writing whether or not it agrees to participate in the alternative dispute resolution process under these rules. After the party consents to alternative dispute resolution, the petitioning party will promptly file its petition for alternative dispute resolution as provided in these rules.

Notes

Or. Admin. Code § 860-002-0030

PUC 4-2021, adopt filed 03/31/2021, effective 3/31/2021

Statutory/Other Authority: ORS 756.040 & ORS 756.060

Statutes/Other Implemented: ORS 183.502