OAR 660-045-0130
The Contested-Case Hearing
(1)
The contested-case hearing shall be conducted in accordance with ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) (“Contested Cases”). The hearing also shall be conducted in accordance with the provisions of OAR chapter 137, division 3, Contested Case Proceedings. However, some provisions of OAR chapter 137, division 3, have been modified by commission rules pursuant to OAR chapter 660, division 3, or by this division. In such cases, the commission rules and this division shall apply.(2)
Before the hearing begins, the commission or hearings officer shall inform all parties of certain rights, issues, and procedures as required by subsections (2) to (4) of ORS 183.413 (Notice to parties before hearing of rights and procedure) and 183.415 (Notice of right to hearing)(7).(3)
The commission or hearings officer may conduct a prehearing conference, in conformance with OAR 137-003-0035 (Prehearing Conferences) (“Prehearing Conferences”).(4)
As specified in OAR 660-001-0005 (Model Rules of Procedure)(2), parties to the contested-case hearing may be represented in three ways:(a)
A party may represent itself.(b)
A party may be represented by an attorney.(c)
Certain parties may be represented by an authorized representative who is not an attorney.(5)
Pursuant to ORS 183.440 (Subpoenas in contested cases), parties to the contested case may subpoena witnesses. A party that subpoenas a witness shall pay the fees and mileage of the witness in accordance with ORS 183.440 (Subpoenas in contested cases)(1) and 44.415 (Fees and mileage of witnesses)(2). Payment shall be made directly to the witness.(6)
All discovery through means other than subpoena shall be done in accordance with OAR 137-003-0025 (Discovery in Contested Cases Hearing) (“Discovery in Contested Cases”).(7)
At the hearing, the requester shall recommend whether the enforcement order should include interim measures as specified in ORS 197.335 (Order for compliance with goals)(3)(a) (on interim requirements pending compliance with an order) and ORS 197.335 (Order for compliance with goals)(4) (on withholding grants or state-shared revenues). If the requester recommends that such measures be adopted, the requester must specify precisely what measures it recommends.(8)
At the hearing, the affected local government or district shall respond to the requester’s recommendation on interim measures, and shall specify what measures, if any, the affected local government or district recommends.(9)
After the hearing and the record have been closed, the commission or hearings officer shall determine whether there is good cause to believe that grounds for enforcement pursuant to ORS 197.320 (Power of commission to order compliance with goals and plans)(1) to 197.320 (Power of commission to order compliance with goals and plans)(10) or 197.646 (Implementation of new requirement in goal, rule or statute)(3) exist.(10)
If it is determined that there is good cause to believe that grounds for enforcement exist, the commission must specify, or the hearings officer must recommend, appropriate corrective action.(11)
If it is determined that there is good cause to believe that grounds for enforcement exist, the commission may specify, or the hearings officer may recommend, one or more interim measures, in accordance with the provisions of ORS 197.335 (Order for compliance with goals)(3) and (4).
Source:
Rule 660-045-0130 — The Contested-Case Hearing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-045-0130.