Or. Admin. R. 837-085-0330

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-085-0330 - Contested Case Process-General

(1) Any person directly affected may request a hearing to contest, in part or in total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, decisions related to a request to review the assessment of the Hazardous Substance Possession Fee, or an application for exemption from all or part of the reporting requirements of the Community Right-to-Know and Protection Act and its administrative rules.

(2) Any person directly affected may participate in the appeals process which includes, but is not limited to:

(a) An informal conference to discuss, consider and determine if there is a basis for informal disposition of an appeal by stipulation, agreed settlement, consent order, default or other means; or

(b) A formal hearing before a hearings officer where the laws, rules and evidence are presented and considered and a proposed opinion and order is issued.

(3) The appeals process shall comply with the requirements of the Administrative Procedures Act (APA), ORS Chapter 183, unless specifically addressed in these rules.

Or. Admin. R. 837-085-0330

FM 1-1994, f. & cert. ef. 1-14-94; OSFM 1-2019, amend filed 01/02/2019, effective 1/2/2019; OSFM 5-2019, minor correction filed 05/10/2019, effective 5/10/2019

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 435.357