Or. Admin. Code § 333-102-0345

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-102-0345 - Special Procedures in Regulatory Review

(1) The provisions of ORS Chapter 183 governing contested cases are applicable in any case where the Authority proposes to refuse to issue, renew, modify, amend, revise, revoke or suspend a general or specific license or to find noncompliance with or to refuse to grant exemption from a regulation of the Authority.

(2) In any case where the Authority proposes to grant, issue, renew, modify, amend or revise a general or specific license, or to find compliance or to grant exemption from a regulation of the Authority and the Assistant Director of the Public Health Division determines that such action would first merit public notice and opportunity for hearing, the following procedures shall be applicable:

(a) Notice of the proposed action shall be published in the Secretary of State's bulletin or a newspaper of general circulation in the state, which notice shall provide that within 15 days of the day of publication of the notice, any person whose interest may be affected by the outcome of the proceeding, or who represents a public interest in the results of the proceeding, may file a petition to be made a party and given an opportunity for hearing in the matter. The notice of proposed action shall set forth:

(A) The nature of the action proposed;

(B) The manner in which and the location at which inspection may be made of the Authority records pertaining to the proposed action; and

(C) A reference of the Authority's rules governing institution and conduct of hearings in radiation control proceedings.

(b) If no request for hearing is filed within the time prescribed in the notice, the proposed action shall be taken;

(c) If a hearing is requested, the person requesting to participate as a party must file a petition requesting party status and opportunity for hearing, setting forth the same information required of a person requesting party status in a contested case when the Authority has given notice that it intends to hold a contested case hearing pursuant to OAR 137-003-0005(6). The same procedures for determining party status under OAR 137-003-0005 shall be followed upon receipt of the petition;

(d) If the Authority allows party status, it shall in the same order set the time for a contested case hearing and provide notice of the order to the petitioner and all parties;

(e) A contested case shall proceed in accordance with the provisions of ORS Chapter 183 governing contested cases.

Or. Admin. Code § 333-102-0345

HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08

Stat. Auth.: ORS 453.635, 453.665

Stats. Implemented: ORS 453.605 - 453.807