Any person who supports the proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order.
The request for standing must be in writing, signed by the requester, and include the following:
The requester’s name, mailing address and telephone number;
If the requester is representing a group, association or other organization, the name, address and telephone number of the represented group;
A statement that the requester supports the proposed final order as issued;
A detailed statement of how the requester would be harmed if the proposed final order is modified; and
Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes judicial review based on that issue.
Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the Department. Any person who asks to receive a copy of the Department’s final order shall submit to the Department the fee required under ORS 536.050 (Fees), unless the person has previously paid the fee.
Within 10 days after the close of the filing period established under section (6) of this rule, the Department shall send a copy of all protests and requests for standing received to the applicant, the protestant(s), if any, and to each person who requested standing.