OAR 690-310-0170
Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director

(1)

Within 60 days after the close of the period for receiving protests, the Director shall determine whether to:

(a)

Issue a final order as provided under OAR 690-310-0190 (Final Order for Proposed Use of Surface Water) or 690-310-0200 (Final Order for Proposed Use of Ground Water); or

(b)

Schedule a contested case hearing.

(2)

The Director:

(a)

May schedule a contested case hearing if:

(A)

A protest has been submitted; and

(B)

Upon review of the issues, the Director finds that there are significant disputes related to the proposed use of water.

(b)

Shall schedule a contested case hearing, if within 30 days after the close of the period for submitting protests, the applicant submits the information required for a protest under OAR 690-310-0160 (Protests and Standing to Participate in Further Proceedings) and requests a contested case hearing.

(3)

As soon as possible after making a determination under subsection (1) of this rule to refer an application to a contested case hearing, the Director shall advise the applicant, the protestant and any person requesting standing that the matter is being referred to contested case hearing and describe the procedure each must follow to participate in the contested case hearing. Such notification to the participants shall not be considered to be the scheduling of the contested case hearing for purposes of the running of the 45-day time period under OAR 690-310-0180 (Conduct of Contested Case).

Source: Rule 690-310-0170 — Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-310-0170.

690‑310‑0000
Purpose 690‑310‑0005
Determination of Appropriate Step in Process for Applications Pending on June 30, 1995 690‑310‑0010
Application Processing Rules Control General Administrative Procedures Act Provisions 690‑310‑0020
Requirement to Notify Owner of Land Crossed by Proposed Ditch, Canal or Other Work 690‑310‑0030
Grounds for Refusal to Issue or Cancellation of Permit 690‑310‑0040
Application Requirements 690‑310‑0050
Map to Accompany Application for Water Use Permit 690‑310‑0060
Permits for Livestock Watering Outside of Riparian Areas (SB 150, 1989) 690‑310‑0070
Completeness Review 690‑310‑0080
Initial Review 690‑310‑0090
Public Notice and Comments 690‑310‑0100
Completion of Application Review 690‑310‑0110
Public Interest Presumption 690‑310‑0120
Public Interest Review 690‑310‑0130
Public Interest Presumption 690‑310‑0140
Public Interest Review 690‑310‑0150
Proposed Final Order 690‑310‑0160
Protests and Standing to Participate in Further Proceedings 690‑310‑0170
Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director 690‑310‑0180
Conduct of Contested Case 690‑310‑0190
Final Order for Proposed Use of Surface Water 690‑310‑0200
Final Order for Proposed Use of Ground Water 690‑310‑0210
Contested Case Hearing on Final Order 690‑310‑0220
Final Determination of Whether Proposed Use of Surface Water Would Impair or Be Detrimental to Public Interest or Whether Proposed Use of Ground Water Would Preserve the Public Welfare, Safety and Health 690‑310‑0230
Exceptions 690‑310‑0240
Approval, Condition or Rejection of Permit Application Generally 690‑310‑0250
Permit Conditions Related to Well Construction and Maintenance 690‑310‑0260
Water Rights Within or Above State Scenic Waterways 690‑310‑0270
Timelines 690‑310‑0275
Applicability of Mandatory Timelines 690‑310‑0280
Assignment of Application
Last Updated

Jun. 8, 2021

Rule 690-310-0170’s source at or​.us