OAR 690-310-0180
Conduct of Contested Case

(1)

Within 45 days after the Director schedules a contested case hearing under OAR 690-310-0170 (Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director), the Department shall hold the contested case hearing, which shall be conducted in accordance with the provisions of OAR 690, division 2. The issues to be considered in the contested case hearing shall be limited to issues identified by the hearings officer.

(2)

The parties to any contested case hearing initiated under this section shall be limited to:

(a)

The applicant;

(b)

Any person who timely filed a protest; and

(c)

Any person who timely filed a request for standing under OAR 690-310-0160 (Protests and Standing to Participate in Further Proceedings), pays the fee required under ORS 536.050 (Fees) for participating in the contested case hearing and requests to intervene in the contested case hearing prior to the start of the proceeding.

(3)

The contested case proceeding shall be conducted in accordance with the applicable provisions of ORS 183.310 (Definitions for chapter) to 183.550 except:

(a)

As provided in sections (1) and (2) of this rule; and

(b)

An interlocutory appeal under ORS 183.480 (Judicial review of agency orders)(3) shall not be allowed.

Source: Rule 690-310-0180 — Conduct of Contested Case, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-310-0180.

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 690-310-0180’s source at or​.us