Certain Parts of the Natural Resources and Environmental Protection Act provide for a contested case hearing for a person aggrieved by the action or inaction of the Department. The subject matter of contested cases include, but is not limited to, air quality, surface and ground water resources, solid waste management, inland lakes and streams, wetlands, great lakes submerged lands, shorelands, sand dunes, drinking water, sewerage treatment, oil and gas production, and underground storage tanks. OAH is also involved in Appeals to the Director of decisions made by the Assistant Supervisor of Wells in oil and gas cases. The cases heard by OAH are technical and formal in nature and the issues presented are often of first impression. Parties to contested cases are usually represented by attorneys who specialize in environmental and administrative law.
Witnesses testifying at the hearing are usually experts in science.
Once a contested case hearing is conducted, a proposal for decision or final determination and order is issued pursuant to the Administrative Procedures Act. The final Agency decision is subject to judicial review based on the record established in the contested case hearing.