OAR 632-037-0110
Appeals; Consolidated Contested Case Hearing
(1)
The applicant or any person who appeared before a permitting agency at the consolidated public hearing, either orally or in writing, may file with the State Geologist a written request for a consolidated contested case hearing. The request shall be filed within 30 days after the date the permit was granted or denied. The applicant or person requesting a consolidated contested case hearing shall state the reasons for requesting the hearing and the objections to the permitting agency’s action in accordance with the Attorney General’s Model Rules of Procedure.(2)
Upon receipt of a request under section (1) of this rule, the Department shall schedule a consolidated contested case hearing. The hearing shall be held not less than 60 days or more than 75 days after the notice of permit issuance or denial. The hearing shall be conducted in accordance with ORS Chapter 183 (Administrative Procedures Act) and the Attorney General’s Model Rules of Procedure.(3)
Any permit granted by a permitting agency shall be suspended until completion of the administrative hearings process.(4)
If all permitting agencies are subject to ORS 183.635 (Agencies required to use administrative law judges from Office of Administrative Hearings)(1), DOGAMI may request that a single administrative law judge be appointed to preside over the consolidated contested case hearing. If more than one hearings officer is appointed, the Department shall appoint a chief hearings officer. The role of the chief hearings officer shall be to organize the proceedings.(5)
The hearings officer(s) shall prepare a proposed order for each contested permit.(6)
A party may file written exceptions to the proposed order with the appropriate permitting agency. If the permitting agency determines that additional information presented in a written exception was unavailable at the time of the consolidated contested case hearing and is significant to the adoption or modification of the proposed order, the agency shall remand the order to the appropriate hearings officer for further consideration.(7)
After receiving exceptions and hearing argument on the exceptions to the proposed order, the permitting agency may either adopt the proposed order or issue a new order.
Source:
Rule 632-037-0110 — Appeals; Consolidated Contested Case Hearing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=632-037-0110.