OAR 736-080-0070
Opportunity for Hearing/Judicial Review

(1)

A person or agency receiving a notice of civil penalty may request a hearing by making written application to the Department within 20 days of the service date of the notice. The service date of the notice shall be the date of mailing. If mailed, a request for hearing shall be considered made on the date the request is postmarked. If the postmarked date exceeds 20 days after the service date of the notice, the responsible party’s right to a contested case hearing shall be waived.

(2)

If a responsible party fails to request a hearing or makes an untimely request, a final order may be issued upon prima facie case made on the record of the Department.

(3)

If a hearing is requested timely, it shall be scheduled and conducted according to contested case procedures. Following the hearing, the Director shall enter a proposed order. If no exceptions are filed, the proposed order becomes final.

(4)

Judicial review of an order issued under this section shall be as provided in ORS 183.480 (Judicial review of agency orders) to 183.497 (Awarding costs and attorney fees when finding for petitioner) for judicial review of contested cases. Jurisdiction for judicial review of contested cases is conferred upon the Court of Appeals.

Source: Rule 736-080-0070 — Opportunity for Hearing/Judicial Review, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-080-0070.

Last Updated

Jun. 8, 2021

Rule 736-080-0070’s source at or​.us