OAR 690-002-0023
Agency Representation by Officer or Employee


As authorized by the Attorney General pursuant to ORS 183.452 (Representation of agencies at contested case hearings), Department officers and employees may appear and participate on behalf of the Department and Commission in the following types of contested case hearings:

(1)

Civil penalty hearings under ORS 537.792 and OAR chapter 690 division 225 that may lead to imposition of a fine, well constructor license suspension/revocation, or conditions placed on a well constructor license;

(2)

Civil penalty hearings under ORS 536.900 (Civil penalties) and OAR chapter 690 division 260 that may lead to imposition of a fine or order directing compliance with regulatory directives;

(3)

Protested water use applications under ORS 537.170 (Contested case hearing on application) or 537.622 (Contested case hearing) and OAR chapter 690 divisions 77 or 310;

(4)

Protested conversions of minimum perennial streamflows to instream water rights under OAR chapter 690 division 77;

(5)

Requests for reservations of water for future economic development under OAR chapter 690 division 79;

(6)

Reservoir permits issued under ORS 537.409 (Alternate permit application process for qualifying reservoirs) and exempt reservoirs under ORS 537.405 (Exempt reservoirs);

(7)

Water right certificates issued under ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation), 537.270 (Conclusiveness of certificate) and 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary);

(8)

Water right permit and certificate cancellations under ORS 537.139 (Failure to obtain authorization for access to certain land), 537.260 (Cancellation of permit for failure of proof of completion of appropriation), 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits), and 540.610 (Use as measure of water right) to 540.660 (Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate);

(9)

Water right transfers under ORS 540.520 (Application for change of use, place of use or point of diversion), 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) and permit amendments under 537.211 (Issuance of permit if application approved);

(10)

Non-FERC hydro projects under OAR 690 division 51 and ORS chapters 543 and 543A;

(11)

Water right permit extension orders under ORS 537.230 (Time allowed for construction of irrigation or other work), 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right), and 537.630 (Time allowed for construction work under permit);

(12)

Other contested case hearings where the protested action rests in whole or in part on studies, policy recommendations, or other analysis done by Department staff and which have been approved or authorized by the Department or the Commission; and

(13)

Other individual cases or categories of hearings as approved in writing by the Attorney General on an individual or category basis.

Source: Rule 690-002-0023 — Agency Representation by Officer or Employee, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-002-0023.

Last Updated

Jun. 8, 2021

Rule 690-002-0023’s source at or​.us