Or. Admin. Code § 350-060-0230

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

Section 350-060-0230 - Reconsideration

Reconsideration is only permitted as follows:

(1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested and serving it on the Gorge Commission and all parties to the appeal.

(a) No petition for reconsideration may stay the effectiveness of an order.

(b) If a petition for reconsideration is timely filed, the time for filing a petition for judicial review does not commence until the agency disposes of the petition for reconsideration. The agency is deemed to have denied the petition for reconsideration if, within thirty days from the date the petition is filed, the agency does not either:

(A) Dispose of the petition; or

(B) Serve the parties with a written notice specifying the date by which it will act on the petition.

(2) Any party to the appeal may file a response within ten days of service of the petition.

(3) The following factors must be present for reconsideration:

(a) An error has been made in the decision; and,

(b) New information is now available concerning the error which through due diligence could not have been acquired earlier.

(4) Unless the petition for reconsideration is deemed denied under subsection (a) above, the petition shall be disposed of by the Commissioners who entered the order, if reasonably available. The disposition shall be in the form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further consideration without oral argument. Granting the petition for reconsideration shall require approval of two-thirds of the Commissioners who made the original decision. Once granted, subsequent dissolution or modification of the original decision/order requires a majority of the Commissioners who made the original decision.

(5) The filing of a petition for reconsideration is not a prerequisite for seeking judicial review. An order denying reconsideration, or a notice provided for in subsection (b) of this section is not subject to judicial review.

Or. Admin. Code § 350-060-0230

CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Stat. Auth.: ORS 196.150

Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.