Current through Register Vol. 63, No. 9, September 1, 2024
(1) After issuance of the draft proposed
order as described in OAR 345-027-0365, the Council must conduct a public
hearing on the request for amendment to the site certificate in the vicinity of
the facility. The public hearing must be held at least 20 days after the draft
proposed order is issued. The public hearing is not a contested case
hearing.
(2) Concurrent with the
issuance of the draft proposed order as described in OAR 345-027-0365, the
Department must:
(a) Send the notice
described in section (3) of this rule by mail or email to:
(A) All persons on the Council's general
mailing list as defined in OAR 345-011-0020;
(B) All persons on any special mailing list
established for the facility;
(C)
The reviewing agencies for the facility, as defined in OAR 345-001-0010(52);
and
(D) The property owners on the
list provided under OAR 345-027-0360(1)(f);
(b) Post the complete request for amendment,
draft proposed order, and the notice of the draft proposed order and public
hearing on the Department website; and
(c) Make physical copies of the draft
proposed order available to the public for inspection.
(3) The notice of the complete request for
amendment, draft proposed order and public hearing must include:
(a) A description of the facility and the
facility's general location;
(b)
The date, time and location of the public hearing described in section (1) of
this rule;
(c) The name, address,
email address and telephone number of the Department representative to contact
for additional information.
(d)
Addresses of the physical locations and the website where the public may review
copies of the complete request for amendment and draft proposed
order;
(e) The deadline for the
public to submit written comments to be included in the record of the public
hearing, and how such comments should be submitted; and
(f) A statement that:
(A) A complete request for amendment has been
received and reviewed by the Department;
(B) The Department has issued a draft
proposed order;
(C) To raise an
issue on the record of the public hearing, a person must raise the issue in
person at the public hearing or in a written comment submitted after the date
of the notice of the public hearing and received by the Department before the
close of the record of the public hearing;
(D) A person's failure to raise an issue in
person or in writing on the record of the public hearing precludes the
Council's consideration of whether to grant that person's subsequent contested
case request;
(E) A person's
failure to raise an issue with sufficient specificity to afford the Council,
the Department, and the certificate holder an opportunity to respond to the
issue precludes the Council from considering whether that issue justifies a
contested case proceeding;
(F) To
raise an issue with sufficient specificity, a person must present facts, on the
record of the public hearing, that support the person's position on the issue;
and
(G) The Council will not accept
or consider any further public comment on the request for amendment or on the
draft proposed order after the close of the record of the public
hearing;
(4)
During the public hearing, the Department must explain the amendment process,
including the means and opportunities for the general public to participate in
the process. The Department may provide this explanation by a written
handout.
(5) At the commencement of
the public hearing, the presiding officer must read aloud the following:
(a) A person who intends to request a
contested case on the proposed order for a site certificate amendment must
comment in person or in writing on the record of the public hearing;
and
(b) A person who intends to
raise an issue that may be the basis for granting a contested case proceeding
must raise that issue on the record of the public hearing with sufficient
specificity to afford the Council, the Department, and the certificate holder
an adequate opportunity to respond to the issue. To raise an issue with
sufficient specificity, a person must present facts, on the record of the
public hearing, that support the person's position on the issue.
(6) At the public hearing, any
person may present information regarding the pending request for amendment
without administration of an oath. The presiding officer must record all
presentations made during the public hearing. The presentations are part of the
decision record for the request for amendment.
(7) Following the close of the record of the
public hearing on the draft proposed order, the Council must review the draft
proposed order, must consider all comments received on the record of the
hearing, and may provide comments to the Department regarding the draft
proposed order. When the Council meets to review a draft proposed order, the
Council may not permit the certificate holder, reviewing agencies, or the
public to comment on any issue that may be the basis for a contested case
request.
Statutory/Other Authority: ORS
469.470
Statutes/Other Implemented: ORS
469.405
