OAR 690-020-0460
Proposed Final Order, Request for Hearing, Contested Case Process


(1)

Proposed Final Order, Notice of Assessment of Civil Penalty. A proposed final order or a notice of assessment of civil penalty must be consistent with the provisions of ORS 183.415 (Notice of right to hearing), shall include notification of the right to a contested case hearing pursuant to ORS 183, and shall include any applicable or required element otherwise specified in Dam safety rules governing proposed final orders. A proposed final order or a notice of assessment of civil penalty must be served personally or by registered or certified mail.

(2)

Request for Hearing. A Dam owner that receives a proposed final order or a notice of assessment of civil penalty has 30 calendar days from the date of service of the proposed final order in which to file a written request for hearing. The request for hearing must be filed either in person or by mail addressed to the Department’s office in Salem, Oregon. The request for hearing may not be considered timely filed unless it is received in the Department consistent with this subsection. The request for hearing must include a written response specifying the reasons for disagreement with the proposed final order.

(3)

Contested Case Procedure. Contested case hearings resolving requests for hearing to proposed final orders issued by the Department under these rules shall be heard by administrative law judges from the Office of Administrative Hearings. Hearings shall be conducted as provided in ORS 183 and the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act in OAR 137-003-501 to 0700 except:

(a)

Only a Dam owner or the Dam owner’s authorized representative may request a contested case hearing and be considered a party in any contested case;

(b)

For expedited contested case hearings regarding proposed final orders addressing Unsafe conditions, discovery methods as provided in OAR 137-003-0566 (Discovery in Contested Case Hearing — Methods) shall not be allowed because the availability of other forms of discovery would unduly delay proceedings to address conditions that address a near-term risk of threat to life, property, or public infrastructure. Notwithstanding, a party may request public documents pursuant to a request for public records made to the Department as described in OAR Chapter 690, Division 3; and

(c)

Immediate review under OAR 137-003-0640 (Immediate Review by Chief Administrative Law Judge) is to the Director only.

(4)

Proposed Order in Contested Case. Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order and shall serve the proposed order on each participant to the contested case.

(5)

Exception to Proposed Order. If the recommended action in the proposed order is adverse to any party, the party may file written exceptions to the Department within 15 calendar days after a proposed order is served.

(6)

Final Order. The Director may consider any exceptions received and shall issue a final order as provided in OAR 137-003-0665 (Final Orders in Contested Cases). An order adverse to a party may be issued upon default as provided in OAR 137-003-0672 (Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing).

(7)

The Department and a Dam owner may at any time use informal or alternative means to resolve a contested case hearing. When informal disposition of a contested case is made by stipulation, agreed settlement or consent order, the final order that incorporates the informal disposition is not subject to judicial review.

Source: Rule 690-020-0460 — Proposed Final Order, Request for Hearing, Contested Case Process, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-020-0460.

690‑020‑0000
Purpose and Applicability
690‑020‑0022
Definitions
690‑020‑0024
General Department Authorities and Intergovernmental Coordination
690‑020‑0026
Fees
690‑020‑0028
Preliminary Plans and Specifications for Construction of New Dams or to Increase Dam Height
690‑020‑0035
Minimum Engineering Requirements for Final Design of New Dams or to Increase Dam Height
690‑020‑0036
Design Requirements for New Dams or to Increase Dam Height: Site Suitability and Geotechnical Evaluation
690‑020‑0037
Design Requirements for New Dams or to Increase Dam Height: Hydrology and Inflow Design Flood
690‑020‑0038
Design Requirements for New Dams or to Increase Dam Height: Embankment Dam Structures
690‑020‑0041
Design Requirements for New Dams or to Increase Dam Height: Concrete Dam Structures
690‑020‑0042
Minimum Design Requirements for New Dams or to Increase Dam Height: Spillways
690‑020‑0043
Design Requirements for New Dams or to Increase Dam Height: Penetrating Conduit(s) and Control of Flow through Conduits
690‑020‑0044
Design Requirements for New Dams or to Increase Dam Height: Instrumentation for Monitoring
690‑020‑0047
Design Requirements for New Dams or to Increase Dam Height: Geosynthetics
690‑020‑0048
Exceptions to Standard Design Requirements
690‑020‑0055
Design Requirements for New Dams or to Increase Dam Height: Design Drawings
690‑020‑0060
Design Requirements for New Dams or to Increase Dam Height: Construction Specifications
690‑020‑0065
Plan Requirements for New Dams or to Increase Dam Height: Construction Administration
690‑020‑0068
Plan Requirements for New Dams or to Increase Dam Height: Operations and Maintenance Plan
690‑020‑0070
New Dams or to Increase Dam Height: Submittals and Notifications by the Engineer of Record
690‑020‑0080
New Dams, or to Increase Dam Height, Written Approval by State Engineer
690‑020‑0100
Hazard Rating of Dams
690‑020‑0120
Dam Breach Inundation Analysis
690‑020‑0140
Modification of Dams
690‑020‑0160
Removal
690‑020‑0180
Requirement of Owners to Provide Contact and Transfer of Title Information
690‑020‑0250
Maintenance of Dams
690‑020‑0260
Inspection of Dams
690‑020‑0310
Requirement to Address Maintenance Actions Need for High or Significant Hazard Dams
690‑020‑0340
Potentially Unsafe or Unsafe Conditions
690‑020‑0400
Emergency Action Plans (EAP)
690‑020‑0420
Immediate Action to Prevent Dam Failure
690‑020‑0460
Proposed Final Order, Request for Hearing, Contested Case Process
690‑020‑0600
Civil Penalty Assessment for Dam Safety
Last Updated

Jun. 8, 2021

Rule 690-020-0460’s source at or​.us