justicedao/ipfs_state_laws huggingface dataset:
345-015-0403 Contested Case Notices The Department must issue contested case notices for Energy Facility Siting Council contested case proceedings as provided in OAR 137-003-0505. The notices will be served personally or by registered or certified mail to persons who commented in person or in writing on the record for a Draft Proposed Order as described in OAR 345-015-0220 and provided a mailing address. The notices must also include: (1) A statement that persons requesting a contested case should state whether they are requesting to participate as a party or limited party. (2) The deadline for submitting a petition for party or limited party status in a contested case and the deadline for the Department and applicant or certificate holder to respond to petitions for party or limited party status as outlined in OAR 345-015-0415; (3) A statement that active-duty service members have a right to stay a contested case proceeding under the federal Servicemembers Civil Relief Act as described in ORS 183.415(3)(g); and (4) A statement that, notwithstanding OAR 137-003-0505(1)(h), both full and limited parties may use lay representation. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0410 Filing and Service (1) The hearing officer shall specify permissible means of filing and service of any pleading or document. The methods of filing with the hearing officer and service upon any party or limited party, may include, but are not limited to: personal delivery, first class or certified mail (properly addressed with postage prepaid), facsimile, or electronic mail. (2) The hearing officer may waive requirements for serving parties who are no longer actively participating in the proceeding upon consent by the party or limited party. (3) The hearing officer may modify the requirements for serving a limited party consistent with such party's limited interest. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405 & ORS 469.440 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0420 Petition for Indigent Status (1) By petition to the hearing officer in a contested case submitted before the time of the prehearing conference, a party or limited party may request to be treated as an indigent. In the petition, the petitioner shall state in detail the facts demonstrating that the petitioner is indigent in the context of the financial burdens associated with full participation as a party or limited party in the contested case and the reasons why the petitioner would be prejudiced if indigent status were not granted. (2) “Indigent” means the person has an income level at or below 125 percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the U.S. Department of Health and Human Services for the person's household/family size, unless the hearing officer makes a determination as to the person’s ability to pay for the cost to participate in the pending case based on other factors. In making the determination as to a person’s ability to pay costs to participate in the case, the hearing officer shall consider not only the person’s income, but also the availability of any assets, including, but not limited to, cash, stocks, bonds, and any other property that may be applied to the satisfaction of judgments, other financial obligations the person bears, and the nature and complexity of the case. (3) The hearing officer shall issue a determination on a petition for indigent status in writing and shall state the grounds for the determination. The hearing officer’s determination is final unless the petitioner submits an appeal to the Energy Facility Siting Council within seven days after the date of service of the determination. (4) The hearing officer may excuse a person granted indigent status from such requirements of the rules of this division as the hearing officer determines appropriate. As determined by the hearing officer, the Council may provide for the cost of service of pleadings and other documents, reasonable travel expenses of witnesses and copies of the record necessary to enable a person granted indigent status to participate fully in the contested case. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0425 Participation by Government Agencies (1) Any state or local government agency other than the Department may request participation in a contested case as a party, limited party or interested agency, subject to the limitations described in OAR 345-015-0415. For a contested case on a site certificate application, the agency must submit the request to the hearing officer in writing by the date specified in the Department's public notice issued under OAR 345-015-0230(3) and OAR 345-015-0403. For a contested case on a site certificate amendment, the agency must submit the request to the Department by the date specified in the notice of the opportunity to request a contested case issued under OAR 345-027-0371(4). (2) The Department must participate in all contested case proceedings conducted by the Energy Facility Siting Council with all the rights of a party. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0430 Prehearing Conference and Prehearing Order (1) The hearing officer may hold one or more prehearing conferences to address petitions for party or limited party status and issues. The hearing officer shall consider which issues, if any, the person may participate in by considering the applicable provisions in OAR 345-015-0415 and OAR 137-003-0535(8). (2) The hearing officer may also conduct one or more prehearing conferences for the purposes and in the manner described in OAR 137-003-0575. (3) At the conclusion of the prehearing conference(s) described in (1) and (2), the hearing officer must issue a prehearing order or orders stating the issues to be addressed in the contested case hearing, the parties , the limited parties , the issue(s) on which each limited party may participate, the contested case procedures, and the schedule. (4) The hearing officer may cancel or reschedule any previously noticed prehearing conference. (5) If an appeal to Council of a hearing officer’s ruling on party status described in subsection (1) results in the granting of party status, the hearing officer shall issue an amended order. (6) Failure to raise an objection regarding suggested procedures to be followed in the contested case or a proposed description of an issue during the prehearing conference when such procedures and issues are being discussed and established by the hearing officer constitutes waiver of that objection. (7) Failure to raise an issue in the prehearing conferences for the contested case hearing on an application for a site certificate constitutes a waiver of that issue. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615, ORS 469.992 & ORS 183.310(7) History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0435 Suspension of Hearing and Exclusion of a Party (1) If any person engages in conduct that interferes with the hearing officer's duty in connection with any aspect of a contested case proceeding or fails to obey an order of the hearing officer, the hearing officer may suspend the contested case proceeding or order such person excluded from the proceeding temporarily or permanently. Conduct that interferes with the hearing officer's duties includes conduct impeding discovery, conduct impeding schedules, or disruptive conduct during the contested case hearing. (2) If the hearing officer issues an order permanently excluding a party, limited party, or legal counsel from further participation in a contested case proceeding, the hearing officer shall issue the order in writing and shall state in the order the grounds for the order. The order is final unless the person subject to the order submits an appeal to the Energy Facility Siting Council within seven calendar days of service of the order. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0440 Burden of Presenting Evidence In a contested case regarding an application for a site certificate or amendment to a site certificate, each party or limited party bears the burden of presenting evidence in support of facts that party or limited party alleges and/or positions they take on any issue they submitted a petition for party or limited party status and on which the hearing officer determines they may participate. Statutory/Other Authority: ORS 183.341, ORS 183.417, ORS 469.370(5), ORS 183.417(2) & ORS 469.470 Statutes/Other Implemented: ORS 183.450 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0445 Submission of Evidence and Proposed Site Certificate Conditions (1) The hearing officer may require parties or limited parties to submit to the hearing officer, in writing, the qualifications and direct testimony of each witness whom a party or limited party proposes to call and all exhibits that a party or limited party proposes to introduce in conjunction with the testimony of a witness. Parties and limited parties shall send to all other parties and limited parties copies of all written materials submitted to the hearing officer under this rule per the schedule and means set forth by the hearing officer. (2) The hearing officer shall allow any party, including any limited party, to propose site certificate conditions related to issues for which they have been permitted to participate in the contested case and to present evidence related to any such conditions. Parties shall submit proposed site certificate conditions to the hearing officer in writing according to a schedule set by the hearing officer, which shall occur no later than the deadline for the submission of direct evidence. (3) In a contested case proceeding on an application for a site certificate or on a proposed site certificate amendment, any party or limited party may address material changes to actions to be taken under site certificate conditions that are suggested during the contested case proceeding. (4) The hearing officer may not receive evidence or hear legal argument on issues not identified in the prehearing order. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0450 Official Notice of Evidence (1) In a contested case proceeding, the hearing officer may take official notice of the following: (a) All facts of which the courts of the State of Oregon may take judicial notice; (b) Administrative rulings and reports of the Energy Facility Siting Council and other governmental agencies; (c) Facts contained in permits and licenses issued by the Council or any other government agency; (d) The factual results of the hearing officer's or the Council's personal inspection of physical conditions involved in the contested case; and (e) General, technical, or scientific facts within the specialized knowledge of the Council or the Department of Energy. (2) The hearing officer shall notify parties of facts officially noticed and shall allow parties an opportunity to contest the facts so noticed. Statutory/Other Authority: ORS 469.470 & ORS 469.370(5) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.605, ORS 469.405, ORS 469.440, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0455 Motions All parties, including limited parties, shall submit any motions in a contested case to the hearing officer. All motions are subject to OAR 137-003-0630 and the following requirements: (1) Unless a motion is made orally on the record during a contested case hearing, or unless the hearing officer directs otherwise, the moving party shall submit the motion in writing and shall state with particularity the grounds and relief sought. The moving party shall submit with the motion any brief, affidavit or other document relied on, and, as appropriate, a proposed form of order. The moving party shall serve the motion on all parties and limited parties to the contested case. (2) Within seven calendar days after the date of service of a written motion, or such other period as the hearing officer may prescribe, a party or limited party may file an answer in support of or in opposition to the motion, accompanied by affidavits or other evidence. The moving party shall have no right to reply, except as permitted by the hearing officer. (3) The parties shall not have oral argument on a motion unless permitted by the hearing officer. The hearing officer shall dispose of motions by written order served on all parties and limited parties or read into the record of the contested case proceeding. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0460 Interlocutory Appeals to Council (1) Except as otherwise specifically provided for in the rules of this division, a party or limited party may not take an interlocutory appeal to the Energy Facility Siting Council from a ruling of the hearing officer unless such ruling would terminate that party's right to participate in the contested case proceeding. (2) A party or limited party shall submit an appeal involving that party's right to participate in a contested case proceeding, with supporting arguments and documents, to the Council within seven calendar days after the date of the ruling of the hearing officer. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0465 Stays (1) The hearing officer has the power to stay a proceeding for good cause, including to ensure a full, fair, and impartial proceeding. (2) Neither the filing of a motion nor the certification of a question to the Energy Facility Siting Council stays a contested case proceeding or extends the time for the performance of any act. Statutory/Other Authority: ORS 469.470 & ORS 469.370(5) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0470 Reopening Record Prior to Decision The Energy Facility Siting Council or its hearing officer, on its own motion or for good cause shown, may reopen the contested case proceeding record for the taking of additional evidence while the proceeding is under advisement with the hearing officer or the Council. In addition to good cause, the moving party or limited party shall show that: (1) The evidence is material to the proceeding; or (2) The evidence would substantially affect the outcome of the proceeding. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.605, ORS 469.615, ORS 469.992, ORS 469.405 & ORS 469.440 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0475 Hearing Officer's Proposed Contested Case Order (1) After the completion of a contested case proceeding on an application for a site certificate or on a proposed site certificate amendment, the hearing officer shall issue a proposed contested case order stating the hearing officer’s findings of fact, conclusions of law, and recommended site certificate conditions on the issues in the contested case. The hearing officer shall serve the proposed contested case order on all parties and limited parties. In the proposed contested case order, the hearing officer shall include recommended resolutions of objections to the local land use record, if any. The hearing officer's recommendations are part of the decision-making record for the application but are not part of the Energy Facility Siting Council's order unless adopted by Council. (2) After the hearing in a contested case proceeding on any matter other than an application for a site certificate or proposed site certificate amendment, the hearing officer shall issue a proposed contested case order stating the hearing officer’s findings of fact and conclusions of law. The hearing officer shall serve the proposed contested case order on all parties and limited parties. (3) Parties and limited parties may file exceptions to the proposed contested case order with the Council within the time set by the hearing officer, not to exceed 30 days after the hearing officer issues the proposed order. A party filing exceptions shall serve a copy of the exceptions on all other parties and limited parties. In an exception, the party shall specifically identify the finding of fact, conclusion of law or, in contested case proceeding on an application for a site certificate or a proposed site certificate amendment, recommended site certificate condition to which the party excepts and shall state the basis for the exception. (4) Parties and limited parties may file responses to exceptions within the time set by the hearing officer, not to exceed 15 days after the time set for filing exceptions. A party filing responses to exceptions shall serve a copy of the responses to exceptions on all other parties and limited parties. (5) For limited parties, the filings described in (3) and (4) are only allowed to the extent they relate to issues on which the hearing officer has determined they may participate. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.605, ORS 469.615, ORS 469.992, ORS 469.405 & ORS 469.440 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-015-0480 Council’s Final Order and Issuance of a Site Certificate (1) After the period for filing responses to exceptions to the proposed contested case order described in OAR 345-015-0475 (3) and (4), the Council shall: (a) Evaluate the exceptions and responses to the proposed contested case order; (b) Review the hearing officer’s proposed contested case order; (c) Review the Department’s proposed order; and (d) Issue a final order. The final order may adopt, modify, or reject the hearing officer's proposed order and also the Department’s proposed order. (2) In its final order, the Council shall either approve or deny the application. If the Council approves the application, the Council shall issue a site certificate. The site certificate becomes effective upon execution by the Council and by the applicant. However, for purposes of identification, the Department may refer to a site certificate by the date of the Council action. (3) Following a contested case proceeding on a proposed site certificate amendment, the Council, in its final order, shall either grant or deny issuance of an amended site certificate. If the Council grants issuance of an amended site certificate, the Council shall issue an amended site certificate. The amended site certificate becomes effective upon execution by the Council and by the applicant. However, for purposes of identification, the Department may refer to a site certificate by the date of the Council action. (4) The Council shall issue a site certificate or amended site certificate in duplicate counterpart originals and each counterpart, upon signing, will have the same effect. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.605, ORS 469.615, ORS 469.992, ORS 469.405 & ORS 469.440 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024
345-020-0006 Submission of a Notice of Intent (1) The purpose of the notice of intent (NOI) is to notify the Department of Energy and the Council of a proposed facility and to provide information about the site and the characteristics of the facility sufficient for the preparation of the project order described in OAR 345-015-0160. Any person who intends to apply for a site certificate for a facility shall submit an NOI to the Department with the fee required by the fee schedule established under ORS 469.441, payable to the Oregon Department of Energy. (2) The applicant must submit, to the Department, two printed copies of the NOI, and an electronic version of the NOI in a non-copy-protected format acceptable to the Department. The applicant must submit additional printed copies of the NOI to the Department upon request. The applicant must prepare and distribute additional copies of the NOI as directed by the Department. (3) Notwithstanding sections (1) and (2), an applicant granted expedited review under OAR 345-015-0300 or 345-015-0310 need not submit an NOI. Statutory/Other Authority: ORS 469.370 & 469.470 Statutes/Other Implemented: ORS 469.330 History: EFSC 5-2023, minor correction filed 09/11/2023, effective 09/11/2023 EFSC 1-2023, amend filed 08/29/2023, effective 08/29/2023 EFSC 3-2020, amend filed 06/30/2020, effective 06/30/2020 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1992, f. & cert. ef. 8-28-92 EFSC 1-1992(Temp), f. & cert. ef. 3-4-92 Reverted to EFSC 4-1981, f. & ef. 3-25-81 EFSC 2-1991(Temp), f. & cert. ef. 6-5-91 EFSC 4-1981, f. & ef. 3-25-81 EFSC 13, f. & ef. 6-11-76
345-020-0016 Amendment of Notice of Intent (1) The applicant may amend the notice of intent (NOI). The applicant must submit, to the Department, two printed copies of the amended NOI, and an electronic version of the amended NOI in a non-copy-protected format acceptable to the Department. The applicant must provide a printed copy of all or part of the amended NOI to any person on the distribution list as directed by the Department. (2) Submission of an amended NOI does not extend the expiration date of the NOI. The applicant, however, may petition the Council to extend the duration of the NOI as provided in OAR 345-020-0060. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.330 History: EFSC 1-2023, amend filed 08/29/2023, effective 08/29/2023 EFSC 3-2022, minor correction filed 08/02/2022, effective 08/02/2022 EFSC 1-2022, amend filed 07/25/2022, effective 07/25/2022 EFSC 10-2019, amend filed 10/04/2019, effective 10/07/2019 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1995, f. & cert. ef. 11-30-94