Oregon Department of Energy, Energy Facility Siting Council

Rule Rule 345-029-0070
Contested Case Proceeding


(1)

Within 20 days after the date of mailing of the notice of assessment of a civil penalty, the responsible party may submit to the Department a written request for a contested case proceeding. For the purpose of this rule, the request is submitted when it is received by the Department.

(2)

If the responsible party requests a contested case proceeding within the time stated in section (1), the Council must conduct the proceeding under the applicable provisions of OAR 345-015-0002 to 345-015-0085 (Hearing Officer’s Proposed Contested Case Order).

(3)

If the responsible party does not request a contested case proceeding within the time stated in section (1), the Department’s proposed order assessing a civil penalty, described under OAR 345-029-0060 (Civil Penalties)(2), automatically becomes final.

(4)

If the responsible party requests a contested case proceeding but fails to appear, the Department’s proposed order assessing a civil penalty, described under OAR 345-029-0060 (Civil Penalties)(2), becomes final upon a prima facie case made on the record of the Department.
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Last accessed
Jun. 8, 2021