Or. Admin. R. 410-141-3645 - MCE Assessment: Hearing Process

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Any MCE that receives a notice of proposed action may request a contested case hearing pursuant to ORS 183.411 through 183.500.
(2) The MCE may request a hearing by submitting a written request within 20 days of the date of the notice of proposed action.
(3) Prior to the hearing, the MCE shall meet with the Authority for an informal conference:
(a) The informal conference may be used to negotiate a written settlement agreement;
(b) If the settlement agreement includes a reduction or waiver of penalties, the agreement must be approved and signed by the Director of the Authority.
(4) Except as provided in section (5) of this rule, if the case proceeds to a hearing, the administrative law judge shall issue a proposed order with respect to the notice of proposed action. The Authority shall issue a final order.
(5) Nothing in this section shall preclude the Authority and the MCE from agreeing to informal disposition of the contested case at any time.

Notes

Or. Admin. R. 410-141-3645
DMAP 56-2019, adopt filed 12/17/2019, effective 1/1/2020

Statutory/Other Authority: ORS 413.042 & 414.025

Statutes/Other Implemented: ORS 414.065 & 2017 HB 2391

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