Or. Admin. R. 860-001-0720

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

Section 860-001-0720 - Rehearing or Reconsideration

(1) Within 60 days from the date of service of an order entered by the Commission, a party may file an application for rehearing or reconsideration of the order as provided by ORS 756.561. The application must identify all grounds for rehearing or reconsideration.

(2) The application must specify:

(a) The portion of the challenged order that the applicant contends is erroneous or incomplete;

(b) The portion of the record, laws, rules, or policy relied upon to support the application;

(c) The change in the order that the Commission is requested to make;

(d) How the applicant's requested change in the order will alter the outcome; and

(e) One or more of the grounds for rehearing or reconsideration in section (3) of this rule.

(3) The Commission may grant an application for rehearing or reconsideration if the applicant shows that there is:

(a) New evidence that is essential to the decision and that was unavailable and not reasonably discoverable before issuance of the order;

(b) A change in the law or policy since the date the order was issued relating to an issue essential to the decision;

(c) An error of law or fact in the order that is essential to the decision; or

(d) Good cause for further examination of an issue essential to the decision.

(4) Within 15 days from the date the application is filed, any party may file a response to the application. Replies to a response are not permitted unless requested by the ALJ.

(5) Unless ordered by the Commission under OAR 860-001-0700, compliance with the original order is not stayed or postponed by an order granting an application for rehearing or reconsideration.

(6) The application is deemed denied if the Commission has not issued an order granting the application by the 60th day after filing. If the application is granted, the Commission may affirm, modify, or rescind its prior order or take other appropriate action.

Or. Admin. R. 860-001-0720

PUC 5-2010, f. & cert. ef. 10-22-10

Stat. Auth.: ORS 756.040 & 756.060

Stats. Implemented: ORS 756.040 & 756.500 - 756.575