Or. Admin. Code § 340-172-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-172-0110 - Appeal Procedures

(1) If an applicant disagrees with the Department's decision regarding financial assistance for that applicant under these rules, the applicant may request a formal contested case hearing in accordance withORS 183.310 through 183.550 and rules promulgated thereunder.

(2) A request for a formal contested case hearing shall be in writing and received by the Department within 20 days after the Department awards or denies financial assistance: The request for a formal contested case hearing must include:

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

(b) A brief, clear summary of the reasons for requesting the hearing.

(3) In addition to requesting a contested case hearing, the Department encourages the requestor to ask for an informal review to resolve the disagreement. The informal review will be held at a time and place agreed upon by the Department and the requestor within 30 days after the Department receives the request for formal contested case hearing. The Department shall send a meeting notice to all review committee members; and by certified mail, return receipt requested, to the requestor.

(4) The Department informal review committee shall be:

(a) The UST Compliance Section Manager;

(b) The UST Project Reviewer or the UST Regional Advisor; and

(c) The Finance Section Manager. The Finance Section Manager shall serve as chair.

(5) The requestor shall have the opportunity before and during the informal review to provide any additional relevant information. The requestor may be accompanied by persons involved in the UST project work such as licensed public accountant, project manager, consultant, licensed service provider or supervisor.

(6) When applicable, the Department will issue an amended determination and corresponding certificates based on the recommendation of the informal review committee within 30 days after completion of the informal review.

Or. Admin. Code § 340-172-0110

DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92

Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995

Stats. Implemented: OL 1991, Ch. 863