Current through Register Vol. 63, No. 3, March 1, 2024
When the Board is petitioned to act under ORS
776.115(5),
the following procedure shall be followed:
(1) An interested person may petition the
Board requesting a hearing. The petition is deemed filed when received by the
Board at its office. Before the petition can be accepted as filed, the person
must deposit $1,000 with the Board to defray the expenses of the hearing.
Deposits are also required with petitions filed for other pilotage grounds as
provided in subsection (3)(a) of this rule.
(2) The petition must be in writing, signed
by petitioner or petitioner's agent and containing a detailed statement of:
(a) The action requested of the Board, with a
detailed listing of all cost items and any requested changes in compensation
and benefits;
(b) Enough detailed
facts to show petitioner's interest in the factors shown in ORS
776.115(5)(b)
and in OAR 856-030-0000 if applicable;
(c) The extent to which the parties have been
able to narrow or simplify issues pursuant to OAR 856-030-0003 prior to the
petition being filed.
(d) The name
and address of petitioner and of any other persons petitioner knows who may be
interested in the proceeding; and a statement as to whether a copy of the
petition has been served upon them.
(3) Upon receipt of the petition, the Board
will mail a true copy of the petition and a copy of any applicable rules of
practice to all parties named in the petition unless they have been previously
served by petitioner. The Board will include in its mailing those who the Board
believes have interest in the proceeding, including pilots' groups and
owner/operator associations on all pilotage grounds. The mailing will be by
certified or registered mail and will be deemed served on the date of mailing
to the last known address of the person being served:
(a) The Board will advise all parties that
they have 30 days to file with the Board and the petitioner a petition for
another ground, a counter-petition or answer, or other applicable pleading or
response. For good cause shown, the Board may extend the time for filing
responses for a period not to exceed an additional 20 days. If representatives
of pilotage grounds other than those of petitioner wish a rate change, they
must file a petition or answer within the time period set by this;
(b) The responses filed by interested
parties, whether counter-petitions or responses, must address the factors in
ORS
776.115(5)(b)
and in OAR 856-030-0000 and all related issues raised in the
petition.
(4)
(a) Effective December 1, 2020, within 45
days of the filing of a petition under this rule, the Board shall refer the
matter to the Public Utility Commission for assignment of an administrative law
judge to conduct the contested case hearing as required under ORS Chapter 776
and the rules adopted by the Board;
(b) The hearings officer will set the hearing
for a date and time most convenient to the parties concerned, but not later
than 90 days after the filing of the petition.
(5) Pre-hearing Conferences, Exhibits and
Testimony:
(a) In order to make a more
effective use of hearing time in formal proceedings and to expedite the orderly
conduct and disposition of the proceedings, the hearings officer shall arrange
for conferences between the parties to consider:
(A) Simplifying and clarifying the issues and
eliminating irrelevant or immaterial issues;
(B) Obtaining stipulations as to facts,
authenticity of documents, admissibility of evidence, and other
matters;
(C) Such other aids to the
orderly conduct and disposition of the proceeding as may be possible.
(b) Conferences may be called
before the hearing, or the hearing may be recessed for a conference. The
presiding officer shall state on the record the results of such a
conference;
(c) Exhibits and
testimony. The hearings officer shall require the parties to file proposed
written testimony, witness lists, and proposed exhibits with the hearing
officer and all other parties on a date before the date set for hearing,
reserving rights of cross-examination. Any objections to the pre-filed
testimony, witnesses, or proposed exhibits shall be resolved at the
commencement of the hearing.
(d)
When a party fails to file any written testimony, witness list, or proposed
exhibit for the rate hearing within the time specified by the hearings officer,
the late filing may be accepted if the hearings officer determines that there
was good cause for failure to file the document within the required time. "Good
cause" for the purposes of this rule exists when the delay arises from an
excusable mistake, surprise, excusable neglect, reasonable reliance on the
statement of the agency or hearings officer relating to procedural
requirements, or from fraud, misrepresentation, or other misconduct of a party
participating in the proceeding.
(6) Intervention. Any person with a material
interest may by written petition seek permission to intervene in any proceeding
before the Board. The petition shall contain:
(a) The name and address of the party
intervening and the party's attorney, if any;
(b) Sufficient facts to show clearly the
interest of the proposed intervention and how any action taken by the Board
will affect that interest;
(c) The
position of the party in the proceeding. Intervention shall not broaden the
issues in the proceeding nor shall intervention delay the hearing or unfairly
prejudice the other parties.
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
183.413
- 183.470 & 776.115