justicedao/ipfs_state_laws huggingface dataset:
690-001-0000 Notice Prior to the adoption, amendment, or repeal of any permanent rule by the Water Resources Commission or the Water Resources Department, the Department must give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; (2) By mailing or electronic mailing a copy of the notice and a copy of the rule or an explanation of how the person or organization may acquire a copy of the rule to persons and organizations on the Water Resources Department's mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date; (3) By mailing or electronic mailing to the persons specified in ORS 183.335(15) at least 49 days before the effective date; and (4) By mailing or electronic mailing a copy of the notice to the following persons, organizations, or publications at least 28 days before the effective date: (a) Associated Press; (b) Persons and organizations that filed a written request for such notice with the Department; and (c) Cities, counties, and local planning agencies likely to be directly affected by the proposed rule. (5) In lieu of providing a copy of the rule or rules as proposed, the Department may provide a summary of the rule or rules and state how and where a copy may be obtained on paper, via electronic mail, or from a specified web site. If the Department posts the rule or rules on a web site, the Department must provide a web address or link sufficient to enable a person to find the rules easily. Failure to provide a web address or link in the rule summary will not affect the validity of any rule. (6) Persons who have requested from the Department notices of proposed rulemakings may choose to receive notices by mail rather than receive the notices electronically. Statutory/Other Authority: ORS 536.025, 536.027 & 183.341 Statutes/Other Implemented: ORS 183.335 & 183.341 History: WRD 6-2006, f. & cert. ef. 10-6-06 PAR 9-2006, f. & cert. ef. 10-9-06 WRD 2-1994, f. & cert. ef. 3-4-94 WRD 8-1992, f. & cert. ef. 6-24-92 WRD 11-1986, f. & ef. 9-30-86 WRD 1, f. & ef. 11-25-75
690-001-0005 Uniform and Model Rules of Procedure, Adoption The Water Resources Commission adopted the January 1, 2008 edition of the Attorney General's Uniform and Model Rules for Rulemaking. The Water Resources Department and the Water Resources Commission must follow the Uniform and Model Rules in all matters, except where a different procedure is prescribed by statute. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the agency.] Statutory/Other Authority: ORS 536.025, 536.027 & 183.341 Statutes/Other Implemented: ORS 183.341 History: WRD 4-2017, amend filed 12/08/2017, effective 12/08/2017 WRD 6-2006, f. & cert. ef. 10-6-06 WRD 1-1999, f. & cert. ef. 2-5-99 WRD 1-1994, f. & cert. ef. 1-14-94 WRD 8-1992, f. & cert. ef. 6-24-92 WRD 2-1992, f. & cert. ef. 2-10-92 WRD 15-1990, f. & cert. ef. 8-23-90 WRD 9-1988, f. & cert. ef. 8-5-88 WRD 6-1986, f. & ef. 11-12-86 WRD 1-1984, f. & ef. 2-1-84 WRD 2-1982, f. & ef. 1-22-82 WRD 1-1980, f. & ef. 1-9-80 WRD 8-1978, f. & ef. 10-18-78 WRD 2-1978, f. & ef. 5-1-78 WRD 3, f. & ef. 2-18-77
690-002-0000 Scope and Purpose Contested case hearings for the Water Resources Department are heard by administrative law judges from the Office of Administrative Hearings. The procedural rules for these hearings are provided in OAR 137-003-0501 to 137-003-0700 (the Model Rules of Procedure). The rules in this Division (division 002) are intended to supplement the Model Rules of Procedure by providing additional procedures governing requests for and conduct of contested case hearings. Other divisions of OAR chapter 690 and statutory provisions govern entitlement to a contested case hearing. Statutory/Other Authority: ORS 183, 536.027 & 536.029 Statutes/Other Implemented: ORS 183, 536.027 & 536.029 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 8-1992, f. & cert. ef. 6-24-92, Renumbered from 690-075-0000 WRD 11-1986, f. & ef. 9-30-86 WRD 4-1983, f. & ef. 8-10-83
690-002-0010 Definitions The following definitions apply to OAR chapter 690, division 002: (1) "Applicant" means a person filing an application or request for a water use permit, certificate, extension, transfer, or any other right, authorization or review provided by the Department. (2) "Commission" means the Water Resources Commission. (3) "Department" means the Water Resources Department. (4) "Director" means the Director of the Water Resources Department. (5) "Proof of Service" means a certification by the sender that the document described in the certification was provided to the recipient by hand delivery, by facsimile, by mail, or by electronic mail on a certain date and giving the recipient's name and the address to which the document was mailed. (6) "Protest" means a statement expressing disagreement with an action or proposed action by the Department that, under applicable law, may entitle the person filing the protest to become a party to a contested case hearing. Where provided or required by applicable law, a “protest” may include a request for contested case hearing. Except as provided in ORS 543.230, a protest must be in writing. (7) "Protestant" means any person filing a protest against an action or proposed action. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.310 - 183.497 & 536 - 543 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 1-1996, f. & cert. ef. 1-31-96 WRD 8-1992, f. & cert. ef. 6-24-92
690-002-0020 Authorized Non-Attorney Representation A party or limited party participating in a contested case hearing may be represented by an authorized representative in the manner and to the extent provided for in OAR 137-003-0555 of the Attorney General's Model Rules. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341 & 183.457 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 8-1992, f. & cert. ef. 6-24-92, Renumbered from 690-002-0001 WRD 1-1988, f. 1-19-88, cert. ef. 2-23-88 WRD 8-1987(Temp), f. 8-27-87, ef. 8-25-87
690-002-0023 Agency Representation by Officer or Employee As authorized by the Attorney General pursuant to ORS 183.452, Department officers and employees may appear and participate on behalf of the Department and Commission in the following types of contested case hearings: (1) Civil penalty hearings under ORS 537.792 and OAR chapter 690 division 225 that may lead to imposition of a fine, well constructor license suspension/revocation, or conditions placed on a well constructor license; (2) Civil penalty hearings under ORS 536.900 and OAR chapter 690 division 260 that may lead to imposition of a fine or order directing compliance with regulatory directives; (3) Protested water use applications under ORS 537.170 or 537.622 and OAR chapter 690 divisions 77 or 310; (4) Protested conversions of minimum perennial streamflows to instream water rights under OAR chapter 690 division 77; (5) Requests for reservations of water for future economic development under OAR chapter 690 division 79; (6) Reservoir permits issued under ORS 537.409 and exempt reservoirs under ORS 537.405; (7) Water right certificates issued under ORS 537.260, 537.270 and 537.505 to 537.795; (8) Water right permit and certificate cancellations under ORS 537.139, 537.260, 537.410 to 537.450, and 540.610 to 540.660; (9) Water right transfers under ORS 540.520, 540.572 to 540.580 and permit amendments under 537.211; (10) Non-FERC hydro projects under OAR 690 division 51 and ORS chapters 543 and 543A; (11) Water right permit extension orders under ORS 537.230, 537.248, and 537.630; (12) Other contested case hearings where the protested action rests in whole or in part on studies, policy recommendations, or other analysis done by Department staff and which have been approved or authorized by the Department or the Commission; and (13) Other individual cases or categories of hearings as approved in writing by the Attorney General on an individual or category basis. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341, 183.452 & 536 - 543 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 2-2000, f. & cert. ef. 5-26-00 WRD 7-1996, f. & cert. ef. 7-23-96
690-002-0025 Time for Filing Protests or Requests for Hearing (1) Pursuant to the Model Rules of Procedure, a protest is timely filed only if: (a) The protest is filed by the applicable deadline as described in OAR 137-003-0520(8); and (b) The protest includes any statutorily required fees. (2) Pursuant to the Model Rules of Procedure OAR 137-003-0520(1), a request for hearing is considered filed only when actually received by the Department. (3) A person may not file a protest or request for hearing by electronic mail. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341 & 536 - 543 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 1-1996, f. & cert. ef. 1-31-96
690-002-0030 Form and Content of Protest (1) Except as otherwise provided in ORS Chapter 537 and OAR 690 divisions 77 and 310 relating to applications for water rights, in ORS Chapter 543 relating to hydroelectric projects, and in OAR 690, division 17 relating to cancellation of perfected and developed water rights, a protest must be in writing, signed by the protestant or the protestant's attorney or authorized representative, and include any statutory filing fee. A protest must contain a detailed statement of: (a) Facts sufficient to show that the protestant is entitled to the relief or action requested; (b) The specific relief or action requested; (c) The name and address of the protestant and other person or persons necessary to, or having a direct interest in, the proceeding; and (d) Citation of legal authority or basis for the claim or relief asserted or requested. (2) Proof of service upon the person or persons whose rights or application are protested shall be attached to the original protest, unless the protestant is the sole applicant for or holder of the right. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341 & 536 - 543 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 1-1996, f. & cert. ef. 1-31-96 WRD 8-1992, f. & cert. ef. 6-24-92, Renumbered from 690-001-0010 WRD 11-1986, f. & ef. 9-30-86 WRD 8-1978, f. & ef.10-18-78 WRD 4-1978, f. & ef. 5-22-78
690-002-0035 Requests for Standing in Matters Involving Applications Made under ORS Chapter 537 (1) Any person who supports a proposed final order issued pursuant to ORS 537.153 or 537.621 may request standing by complying with OAR 690-310-0160. (2) Any person who has filed a request for standing may later file a petition for participation as a party or limited party in any contested case hearing subsequently held on the matter for which standing was requested, in the manner described in OAR 690-002-0105. (3) If no protest is filed, and the department does not change the proposed final order, the director must refund the standing fee. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 537.153 & 537.621 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 1-1996, f. & cert. ef. 1-31-96
690-002-0075 Scope of Hearing The issues to be considered in a contested case hearing are limited to issues timely raised by the parties in any protests, requests for hearing or requests for standing, and as identified by the administrative law judge as allowed by applicable law. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341 & 536 - 543 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-002-0105 Requests for Intervention in Hearings Conducted Pursuant to ORS 537.170 or 537.622 (1) Persons who previously requested and obtained standing under the provisions of ORS 537.153(5) or 537.621(6), and OAR 690-002-0035 may file a request to participate as parties or limited parties in the contested case hearing in which standing was obtained following the procedures in OAR 137-003-0535. (2) In contested cases conducted pursuant to ORS 537.170 or 537.622, the Administrative Law Judge may only allow persons who have timely filed a request for standing to intervene in the case pursuant to OAR 137-003-0535. Statutory/Other Authority: ORS 183, 341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341, 537.170 & 537.622 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 1-1996, f. & cert. ef. 1-31-96
690-002-0175 Exceptions to Proposed Orders (1) If the recommended action in the proposed order is adverse to any party or the Department, the party or Department may file exceptions and present argument to the Department. Exceptions must be in writing, clearly and concisely identify the portions of the proposed order excepted to, and cite to appropriate portions of the record or to Commission policies to which modifications are sought. (2) Parties must file their exceptions with the Department at its Salem offices, by any method allowed in the notice of appeal rights provided in the proposed order. (3) A party must file any exceptions within 30 days following the date of service of the proposed order on the parties to the contested case proceeding. (4) Unless otherwise required by law, the Director must consider any exceptions to the proposed order and issue a final order. (5) If the applicable law provides for the Commission to review any exceptions or issue the final order, the Commission may form a subcommittee to review the exceptions and provide a report prior to the Commission issuing a final order. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341, 183.470 & 536 – 543 History: WRD 6-2006, f. & cert. ef. 10-6-06 WRD 2-2000, f. & cert. ef. 5-26-00 WRD 1-1996, f. & cert. ef. 1-31-96
690-002-0190 Exceptions to Final Orders (1) Any party to a contested case hearing held pursuant to ORS 537.170 or 537.622 may file exceptions to a final order. (a) Parties must file their exceptions with the Department at its Salem offices, by any method allowed in the notice of appeal rights provided in the final order. (b) The party must file any exceptions within 20 days following the date of service of the final order on the parties to the contested case proceeding. (2)(a) If a party files an exception to a final order, the Department must refer the exceptions to the Commission. (b) The Commission must consider the party’s arguments contained in its exceptions filed pursuant to subsection (a), and may allow and consider oral arguments by all parties to the contested case hearing, prior to issuing a final order on exceptions. (c) The Commission may form a subcommittee to review the exceptions and provide a report to the Commission. (3) Where exceptions are timely filed to the final order, within 60 days from the close of the exception period, the Commission must either issue a modified final order or deny the exceptions and affirm the final order. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341, 537.173 & 537.626 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0100 Purpose Increased public involvement in and awareness of water resource issues have placed greater demands on viewing and copying Department records. These rules guide Department implementation of the public records law, ORS 192.410 to 192.505, including Department recovery of its actual costs of making public records available and copying services under 192.440. Furthermore, these rules serve to ensure that all Department public records remain available for viewing and intact for future use. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.410 - 192.505, 536.040 & 536.480 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0120 Scope (1) With some exceptions prescribed by law, every person has the right to inspect public records of a state agency, including the Department. The Department may take reasonable measures to ensure the integrity of public records and to maintain office efficiency. Public access to view and copy public records is limited by reasonable restrictions and other such exemptions from disclosure that may be prescribed by law or rule. (2) These rules do not apply to a person who obtains Department public records by using a Department computer, or any other computer, to download public records from the Department’s web page. Statutory/Other Authority: ORS 183.341, 536.025 & 536.027 Statutes/Other Implemented: ORS 183.341, 537.173 & 537.626 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0140 Requests to Review or Obtain Copies of Public Records (1) The right to review public records includes the right to review the original public record where practicable. The requestor does not have a right to personally locate the public record or to review portions of the public record that are exempt from disclosure pursuant to ORS 192.501 to 192.505. (2) Requests for Department public records should be as specific as possible including, as appropriate, the type, number, subject matter and approximate date of the public record. If the public records request is unclear, the Department may request further clarification of the request. If the Department cannot identify specific public records responsive to a public records request, the Department may provide general files or distinct sections of public records that are likely to contain the requested public records. (3) The Department may require a person making a public records request to submit the request in writing, which may be satisfied by submitting the request by electronic mail. (4) All requests to inspect or copy records other than maps, well logs or water right information available through the Department’s web page must be made to the public records officer in the headquarters office. (5) As appropriate, staff at the Department’s field offices will provide public records to a requestor in response to a public records request, unless the volume of the request exceeds the office’s capacity to provide public records in a timely manner. If a field office is unable to provide requested public records in a timely manner, the Salem office will provide the public records in response to the public records request. (6) The Department will accommodate public records requests as follows: (a) The Department will establish hours during which the public may review the Department's public records. (b) Pursuant to ORS 192.430(1) and this rule, the Department will designate and provide a supervised space, if available, for viewing public records. This space will accommodate at least one reviewer at a time. (c) The Department accommodates public records requests from persons with disabilities in accordance with the Americans with Disabilities Act. (d) The Department's ability to accommodate in-person public requests may be limited by staff and equipment availability. Additionally, prior to making public records available for public review, the Department will ascertain whether the public record requested is exempt from public disclosure under ORS chapter 192 and other applicable law. Based on these limitations, Department staff may require appointments to view and copy public records. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.420, 192.430, 536.040 & 536.480 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0160 Costs for Public Record Review and Copying (1) The Department may charge a fee for copies of requested public records and certifying public records. The fee will be the fees required by ORS 536.050, or for any copying fees not identified in 536.050, the Department will establish and charge a fee reasonably calculated to reimburse the Department for the actual costs of providing copies of the public records. (2) An hourly rate may be assessed for any staff time greater than 15 minutes spent locating records, reviewing records to exclude exempt material, supervising the inspection of records, certifying records, mailing records or otherwise responding to the public records request. An hourly rate will not exceed the actual hourly compensation and other payroll expenses of the person performing the tasks for which the rate is charged. The Department may charge for the cost of searching for public records regardless of whether the Department was able to locate the requested public record. (3) If necessary to respond to a public records request, the Department may request the Department of Justice Attorney General review the public records to exclude material exempt from disclosure. The Department will assess a charge for this process at the hourly rate charged by the Department of Justice. (4) Payment for public records requests may be made in the form of cash, check, or money order. Make checks and money orders payable to "Oregon Water Resources Department-Public Records Request." Persons may pay fees for public records requests by credit card, if that service becomes available. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.440, 536.050 & 536.480 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0180 Department Response to Public Records Requests (1) Prior to responding to a public records request, the Department will provide the requestor with a written estimation of the fee for responding to the request. The Department may provide the estimation by electronic mail. If the estimated fee exceeds $25, the Department will not continue to process the public records request until it has received a confirmation in writing or by electronic mail to proceed with the response. (2) The Department may require prepayment of the estimated charges. If the actual charges are less than the prepayment, the overpayment will be refunded to the requestor. If the actual charges are more than the prepayment, the Department will require payment of the additional charges before providing the requested public records. If the Department determines that the actual charge will exceed the estimated charge by more than $25, the Department will notify the requestor before completing the response. (3) Whenever feasible, the Department will provide double-sided copies of requested public records, and the fee for a double-sided copy will be the same as the cost of a single page. (4) Copies of requested electronic public records may be provided in the format or manner maintained by the Department. The Department will perform all downloading, reproducing, formatting and manipulating of public records. Public access to Department computer terminals is allowed where such terminals are available; however, the public may not access Department databases in any manner that may allow the databases or records in the databases to be modified or deleted. (5) The Department will respond to a public records request within 15 working days after receiving a written request in its Salem office, unless the volume of public records requested, staff availability to respond to the public record request, the difficulty in determining whether any of the public records are exempt from disclosure, or the necessity of consulting with legal counsel make this deadline unreasonable. If the Department determines that it will require more than 15 working days to respond to a public records request, it will inform the requestor of the estimated time necessary to comply with the public records request. (6) In order to protect the integrity of Department public records, the Department will not allow public records to be loaned or taken off-premises by any person, except Department staff, to fulfill a public records request. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.440, 536.050 & 536.480 History: WRD 6-2006, f. & cert. ef. 10-6-06