Or. Admin. R. 690-010-0210

Current through Register Vol. 63, No. 8, August 1, 2024

Section 690-010-0210 - Conduct of Contested Case

(1) The conduct of the contested case regarding the Notice of Proposed Corrective Control Orders shall be governed by OAR 137-003-0501 to 137-003-0700 except as otherwise provided in these rules.

(2) The Department shall refer the contested case to the Office of Administrative Hearings as provided in OAR 137-003-0515.

(3) The Department shall post on its webpage the information contained in its referral to the Office of Administrative Hearings and may also post maps, reports or any other information that supports or otherwise is relevant to the Notice of Proposed Corrective Control Orders including links to information referred to in the Notice of Proposed Corrective Control Orders.

(4) Discovery against the Department is only as provided in OAR 137-003-0566(1)(a)-(c). Pursuant to OAR 137-003-0566(2), the Department finds that availability of other discovery methods would unduly complicate or interfere with the hearing process, because of the large number of parties and extensive scope of the hearing, and the need for speed and informality in that process, and that alternative procedures for the sharing of relevant information (including the availability of the information posted as provided in subsection (3) and the availability of public records requests pursuant to Oregon's Public Records Law), are sufficient to ensure the fundamental fairness of the proceedings

(5) Service and filing of documents in the contested case hearing may be by electronic means only as directed and allowed by the Administrative Law Judge.

Or. Admin. R. 690-010-0210

WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Statutory/Other Authority: ORS 536.027 & ORS 537.780

Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537