Oregon Water Resources Department

Rule Rule 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.
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Last accessed
Jun. 8, 2021