OAR 340-011-0545
Contested Cases: Burden and Standard of Proof in Contested Case Hearings; DEQ Interpretation of Rules and Statutory Terms

(1)

The participant who asserts a fact or position is the proponent of that fact or position and has the burden of presenting evidence to support that fact or position, unless the burden is specifically allocated differently by a statute or rule.

(2)

All findings in a proposed or final order must be based on a preponderance of evidence in the record unless another standard is specifically required by statute or rule.

(3)

In reviewing DEQ’s interpretation of a DEQ rule as applied in a formal enforcement action, an administrative law judge must follow DEQ’s interpretation if that interpretation is both plausible and reasonably consistent with the wording of the rule and the underlying statutes. The administrative law judge may state, on the record, an alternative interpretation for consideration on appeal.

(4)

With the exception of exact terms that do not require interpretation, an administrative law judge shall give DEQ’s interpretation of statutory terms the appropriate deference in light of DEQ’s expertise with the subject matter, DEQ’s experience with the statute, DEQ’s involvement in the relevant legislative process, and the degree of discretion accorded DEQ by the legislature.

Source: Rule 340-011-0545 — Contested Cases: Burden and Standard of Proof in Contested Case Hearings; DEQ Interpretation of Rules and Statutory Terms, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-011-0545.

340‑011‑0003
Confidentiality and Inadmissibility of Mediation Communications 340‑011‑0004
Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications 340‑011‑0005
Rules of Practice and Procedure: Definitions 340‑011‑0009
Rules of Practice and Procedure: Incorporation of Attorney General’s Uniform and Model Rules 340‑011‑0010
Rulemaking: Notice of Rulemaking 340‑011‑0024
Rulemaking: Rulemaking Process 340‑011‑0029
Rulemaking: Policy on Disclosure of the Relationship Between Proposed Rules and Federal Requirements 340‑011‑0046
Rulemaking: Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition 340‑011‑0052
Rulemaking: Temporary Rules 340‑011‑0053
Rulemaking: Periodic Rule Review 340‑011‑0061
Rulemaking: Declaratory Ruling: Institution of Proceedings, Consideration of Petition and Disposition of Petition 340‑011‑0310
Public Records Access and Reproduction: Purpose 340‑011‑0320
Public Records Access and Reproduction: Scope 340‑011‑0330
Public Records Access and Reproduction: Requests for Review or to Obtain Copies of Public Records 340‑011‑0340
Public Records Access and Reproduction: Costs for Record Review and Copying 340‑011‑0360
Public Records Access and Reproduction: Collecting Fees 340‑011‑0370
Public Records Access and Reproduction: Certification of Copies of Records 340‑011‑0380
Public Records Access and Reproduction: Fee Waivers and Reductions 340‑011‑0390
Public Records Access and Reproduction: Exempt Records 340‑011‑0500
Contested Cases: Contested Case Proceedings Generally 340‑011‑0505
Contested Cases: Powers of the Director 340‑011‑0510
Contested Cases: Agency Representation by Environmental Law Specialist 340‑011‑0515
Contested Cases: Authorized Representative of a Participant other than a Natural Person in a Contested Case Hearing 340‑011‑0520
Contested Cases: Liability for the Acts of a Person’s Employees 340‑011‑0525
Contested Cases: Service and Filing of Documents 340‑011‑0530
Contested Cases: Requests for Hearing 340‑011‑0535
Contested Cases: Final Orders by Default 340‑011‑0540
Contested Cases: Consolidation or Bifurcation of Contested Case Hearings 340‑011‑0545
Contested Cases: Burden and Standard of Proof in Contested Case Hearings 340‑011‑0550
Contested Cases: Discovery 340‑011‑0555
Contested Cases: Subpoenas 340‑011‑0560
Contested Cases: Public Attendance at Contested Case Hearing 340‑011‑0565
Contested Cases: Immediate Review 340‑011‑0570
Contested Cases: Permissible Scope of Hearing 340‑011‑0573
Contested Cases: Proposed Orders in Contested Cases 340‑011‑0575
Contested Cases: Review of Proposed Orders in Contested Cases 340‑011‑0580
Contested Cases: Petitions for Reconsideration or Rehearing 340‑011‑0585
Contested Cases: Petitions for a Stay of the Effect of a Final Order
Last Updated

Jun. 8, 2021

Rule 340-011-0545’s source at or​.us