Oregon Administrative Rules
Chapter 330 - DEPARTMENT OF ENERGY
Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES
Section 330-080-0030 - Stays Pending Appeal
Universal Citation: OR Admin Rules 330-080-0030
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Scope: An application for a stay will only be considered:
(a) Incident to or pending an appeal from an
order of the Allocation Officer; or
(b) Pending judicial review.
(2) What to file:
(a) A person filing under this subpart shall
file a written, signed and clearly labeled "Application for Stay" with the
Reviewing Officer;
(b) The
application shall contain a full and complete statement of all relevant facts
pertaining to the act or transaction, including, but not limited to, all
information that related to the criteria in OAR 330-080-0030(4)(b).
(3) Notice:
(a) When administratively feasible, the
Reviewing Officer shall notify and accept written comments from each person
readily identifiable as one who would be aggrieved, that the applicant has
filed for a stay;
(b) Any person
submitting written comments to the Reviewing Officer shall send the applicant a
copy thereof, and shall certify to the Reviewing Officer that it has complied
with the requirements of this subsection;
(c) The applicant shall state whether it
requests a conference regarding the application.
(4) Reviewing Officer's Evaluation:
(a) Processing:
(A) The Reviewing Officer may initiate an
investigation of any statement in an application and utilize in its evaluation
any relevant facts obtained. The Reviewing Officer may solicit and accept
submissions from third persons relevant to any application provided that the
applicant is afforded an opportunity to respond to all third-person
submissions. In evaluating an application, the Reviewing Officer may consider
any other source of information. The Reviewing Officer may convene a conference
to advance its evaluation of the application;
(B) The Reviewing Office shall process
applications for stay as expeditiously as possible. When administratively
feasible, the Reviewing Officer shall grant or deny the application for stay
within ten business days after receipt of the application.
(b) Criteria. The grounds for granting a stay
are:
(A) A showing that irreparable injury
will result in the event that the stay is denied;
(B) A showing that denial of the stay will
result in a more immediate serious hardship or gross inequity to the applicant
than to the other persons affected by the proceeding;
(C) A showing that it would be desirable for
public policy or other reasons to preserve the status quo
pending a decision on the merits of the appeal or exception;
(D) A showing that it is impossible for the
applicant to fulfill the requirements of the original order; and
(E) A showing that there is a likelihood of
success on the merits.
(5) Decision and Order:
(a) Upon consideration of the application and
other relevant information received or obtained during the proceeding, the
Reviewing Officer shall issue an order granting or denying the
application;
(b) The order shall
include a written statement setting forth the relevant facts and the legal
basis of the decision, and the terms and conditions of the stay;
(c) The Reviewing Officer shall serve a copy
of the order upon the applicant, any other person who participated in the
proceeding and upon any other person readily identifiable by the Reviewing
Officer as one who is aggrieved by such decision.
(6) Temporary Stay:
(a) The Reviewing Officer may issue an order
granting a temporary stay if it determines that an applicant has made a
compelling showing that it would incur irreparable injury unless immediate stay
relief is granted pending the submission of or determination on an application
for stay pursuant to this subpart. An application for stay shall describe the
facts and circumstances which support the applicant's claim that it will incur
irreparable injury unless immediate stay relief is granted. The Reviewing
Officer on its own initiative may also issue an order granting a temporary stay
upon a finding that a person will incur irreparable injury if such an order is
not granted;
(b) An order granting
a temporary stay shall expire by its terms within such time after issuance, not
to exceed 20 days, as the Reviewing Officer specifies in the order, except that
it shall expire automatically five days following its issuance if the applicant
fails within that period to file an application for stay, unless within that
period the Reviewing Officer, for good cause shown, extends the time during
which the applicant may file and application for stay.
Stat. Auth.: ORS 469
Stats. Implemented: ORS 469.030
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
