Or. Admin. Code § 860-034-0660 - Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650

(1) A small telecommunications utility or Type 2 cooperative filing a petition pursuant to OAR 860-034-0650 shall include as exhibits to the petition:

(a) Its request for exception and any material submitted in support of that request;

(b) Staff's notification of recommended denial of the request for exception and all material provided by staff to the small telecommunications utility or Type 2 cooperative in support of staff's recommended denial; and

(c) Any other arguments or evidence the small telecommunications utility or Type 2 cooperative chooses to submit.

(2) The petition and exhibits shall constitute the entire record unless, within 20 days following the small telecommunications utility's or Type 2 cooperative's filing, the staff files objections to the petition or exhibits or files supplemental evidence.

(3) If staff files an objection to the petition or exhibits or files supplemental evidence, the small telecommunications utility or Type 2 cooperative may file its response within 20 days from the date of the staff's filing.

(4) Within ten days after the date when the small telecommunications utility or Type 2 cooperative is to respond, either staff or the small telecommunications utility or Type 2 cooperative may request a hearing. If neither staff nor the small telecommunications utility or Type 2 cooperative requests a hearing, then the record shall be closed.

(5) The Administrative Law Judge (ALJ) shall establish a schedule for the filing of briefs, upon request of either the small telecommunications utility or Type 2 cooperative or staff.

(6) The ALJ shall have discretion, for cause, to modify the schedule, but in no event may modify the schedule so as to prevent the Commission from issuing an order on or before December 31.

Notes

Or. Admin. Code § 860-034-0660

PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242); PUC 12-1998, f. & cert. ef. 5-7-98; PUC 3-1999, f. & cert. ef. 8-10-99; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 15-2001, f. & cert. ef. 6-21-01

Stat. Auth.: ORS 183, 756 & 759

Stats. Implemented: ORS 756.040, 759.220 & 759.225