Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS
Section 660-045-0140 - Procedures After a Hearing Conducted by a Hearings Officer

Universal Citation: OR Admin Rules 660-045-0140

Current through Register Vol. 63, No. 9, September 1, 2024

(1) If a hearings officer conducts the contested-case hearing, the hearings officer shall complete the following actions within 30 days of the date when the record closed:

(a) Write a proposed order pursuant to ORS 197.328(3) and complying with ORS 197.335;

(b) Send the proposed order to the commission.

(2) After the commission receives the proposed order from the hearings officer, the commission must do the following:

(a) Establish a date on which the commission will consider the proposed order;

(b) Mail the proposed order to all parties; and

(c) Mail to all parties the following information:
(A) The date on which the commission will consider the proposed order;

(B) A statement that the commission will limit its review as specified in Section (4) of this rule;

(C) A statement that exceptions to the proposed order may be filed by parties to the case; and

(D) A statement that exceptions to the proposed order must be received by the commission no later than 15 days after the order was mailed to the parties.

(3) At least 16 days after the proposed order is mailed to the parties, the commission shall consider the proposed order and adopt a final order. The commission may adopt the proposed order as the final order, modify parts of the proposed order, or not use any part of the proposed order.

(4) In reviewing the proposed order and adopting the final order, the commission shall not consider new evidence. The commission shall consider only the following:

(a) The record of proceedings before the hearings officer;

(b) Timely exceptions to the proposed order;

(c) Arguments concerning the proposed order and exceptions;

(d) Recommendations and information from the department.

(5) The final order shall include findings of fact and conclusions of law as specified in ORS 197.335. The final order shall meet the requirements of OAR 137-003-0070, "Final Orders in Contested Cases."

(6) The commission shall adopt its final order within 120 days of the date on which the requester filed its petition for enforcement with the commission.

(7) Within five days of the commission's adoption of the final order, the department shall mail to all parties a copy of that order and its findings and conclusions.

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646

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