Or. Admin. Code § 690-315-0060

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-315-0060 - Proposed Final Order Hearing Rights

(1) The applicant or any other person adversely affected or aggrieved by the proposed final order described in OAR 690-315-0050(2) may submit a written protest to the proposed final order. The written protest must be filed within 45 days from the date of publication of the proposed final order in the Department's weekly notice.

(2) A written protest shall include:

(a) The name, address and telephone number of the petitioner;

(b) A description of the petitioner'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 detailed description of how the action proposed in the proposed final order would adversely affect or aggrieve the petitioner'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 petitioner, if known;

(f) Proof of service of the protest upon the water right permit holder, if petitioner is other than the water right permit holder; and

(g) The protest fee required under ORS 536.050, if petitioner is other than the water right permit holder.

(3) Within 60 days after the close of the period for requesting a contested case hearing, the Director shall:

(a) Issue a final order on the extension request; or

(b) Schedule a contested case hearing if a protest has been submitted, and:

(A) Upon review of the issues, the director finds there are significant disputes related to the proposed agency action; or

(B) The applicant submits a written request for a contested case hearing within 30 days after the close of the period for submitting protests.

Or. Admin. Code § 690-315-0060

WRD 4-1998, f. & cert. ef. 11-2-98; WRD 2-2005, f. & cert. ef. 11-22-05

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 536.050, 537.230, 537.248, 537.630 & 539.010