Current through Register Vol. 63, No. 9, September 1, 2024
(1) All protests
and comments must be received by the Director within the time specified in the
notice of proposed final order. To become a party to a contested case hearing
the fees required under ORS
536.050 must also be submitted by the date specified in the notice.
(2) Any person may submit a protest against a
proposed final order. A protest shall be in writing and shall include:
(a) The name, address, and telephone number
of the protestant;
(b) A
description of the protestant's interest in the proposed final order and, if
the protestant claims to represent the public interest, a precise statement of
the public interest represented;
(c) A description of how the action proposed
in the proposed final order would impair or be detrimental to the protestant's
interest;
(d) A detailed
description of how the proposed final order is in error or deficient and how to
correct the alleged error or deficiency;
(e) Any citation of legal authority
supporting the protest, if known; and
(f) Statements of facts which support the
allegation that the proposed conversion instream should not be acted upon as
proposed by the proposed final order.
(3) Any person who supports the proposed
final order may request standing for purposes of participating in any contested
case proceeding on the proposed final order or for judicial review of a final
order. The request for standing must be in writing, signed by the requester,
and include the following:
(a) The requester's
name, mailing address, and telephone number;
(b) If the requester is representing a group,
association or other organization, the name, address, and telephone number of
the represented group;
(c) A
statement that the requester supports the proposed final order as
issued;
(d) A detailed statement of
how the requester would be harmed if the proposed final order is modified; and
(e) The fee established under ORS
536.050.
(4) Any person who has filed a timely request
for standing may later file a petition for party status in any contested case
hearing subsequently held on the matter for which standing was requested, in
the manner described in OAR 137-003-0535.
(5) Each person submitting a protest or a
request for standing shall raise all reasonably ascertainable issues and submit
all reasonably available arguments supporting the person's position by the
close of the protest period.
(6)
Upon receiving a protest, the Director shall:
(a) Send a copy of all protests and requests
for standing timely filed to the protestant(s), if any, and to each person who
requested standing;
(b) Evaluate
the protest to determine whether significant issues are raised and if so, shall
refer the proposed final order, with accompanying protest, to the Office of
Administrative Hearings (OAH) established under ORS
183.605 to
183.685 for a contested case hearing consistent with OAR 690-054-0070. If the Director
determines the protests do not raise significant issues, the Director shall
issue a final order. A final order issued pursuant to this section is a final
order in other than a contested case subject to judicial review under ORS
183.484.
A final order shall be transmitted to all parties who have filed a
protest.
Statutory/Other Authority: ORS
536.027
Statutes/Other Implemented: ORS
543A.305
