justicedao/ipfs_state_laws huggingface dataset:
340-011-0029 Rulemaking: Policy on Disclosure of the Relationship Between Proposed Rules and Federal Requirements (1) In order to clearly identify the relationship between the proposed adoption, amendment or repeal of rules and applicable federal requirements, and to facilitate consideration and rulemaking by the Environmental Quality Commission, DEQ, must: (a) Prepare a statement of whether the intended action imposes requirements different from, or in addition to, any applicable federal requirements and, if so, a written explanation of: (A) The public health, environmental, scientific, economic, technological, administrative or other reasons, as appropriate, for differing from or adding to applicable federal requirements; and (B) Alternatives considered, if any, and the reasons that the alternatives were not pursued. (b) Include the statement in the notice of intended action pursuant to ORS 183.335(1) and any additional notice given prior to a rulemaking hearing pursuant to OAR 340-011-0010(2). (c) Include the statement in the final staff report presented to the Commission when rule adoption, amendment or repeal is recommended. (2) The statement prepared under section (1)(a) of this rule must be based upon information available to DEQ at the time the statement is prepared. (3) An opportunity for an oral hearing before the Commission regarding the statement prepared under section (1)(a) of this rule must be granted, and notice given in accordance with OAR 340-011-0010(2)(b)(B), if: (a) The rulemaking proposal applies to a source subject to the Oregon Title V Operating Permit Fees under OAR 340 division 220; (b) The request for a hearing is received within 14 days after the notice of intended action is issued under ORS 183.335(1), from 10 persons or from an association having no fewer than 10 members; (c) The request describes how the persons or association that made the request will be directly harmed by the rulemaking proposal; and (d) The notice of intended action under ORS 183.335(1) does not indicate that an oral hearing will be held before the Commission. (4) Nothing in this rule applies to temporary rules adopted pursuant to OAR 340-011-0042. (5) The Commission delegates to DEQ the authority to prepare and issue any statement required under ORS 468A.327. Statutory/Other Authority: ORS 468.020 & ORS 468A.327 Statutes/Other Implemented: ORS 183.025 & 183.335 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 1-2008, f. & cert. ef. 2-25-08 DEQ 28-1994, f. & cert. ef. 11-17-94
340-011-0046 Rulemaking: Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition The filing of petitions for rulemaking and action thereon by the Commission shall be in accordance with the Attorney General's Uniform Rule of Procedure set forth in OAR 137-001-0070. As used in that rule, the term "agency" generally refers to the Commission but may refer to DEQ if context requires. Statutory/Other Authority: ORS 183.335 & 468.020 Statutes/Other Implemented: ORS 183.390 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 7-1988, f. & cert. ef. 5-6-88
340-011-0052 Rulemaking: Temporary Rules The Commission may adopt temporary rules and file the same, along with supportive findings, pursuant to ORS 183.335(5) and 183.355(2) and the Attorney General’s Model rule OAR 137-001-0080. Statutory/Other Authority: ORS 183.335 & 468.020 Statutes/Other Implemented: ORS 183.025 & 183.335 History: DEQ 7-1988, f. & cert. ef. 5-6-88 DEQ 122, f. & ef. 9-13-76
340-011-0053 Rulemaking: Periodic Rule Review Periodic review of agency rules shall be accomplished once every five years in accordance with ORS 183.405 and the Attorney General's Model Rule OAR 137-001-0100. Statutory/Other Authority: ORS 183.335 & 468.020 Statutes/Other Implemented: ORS 183.405 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 7-1988, f. & cert. ef. 5-6-88
340-011-0061 Rulemaking: Declaratory Ruling: Institution of Proceedings, Consideration of Petition and Disposition of Petition The declaratory ruling process shall be governed by the Attorney General's Uniform Rules of Procedure, OAR 137-002-0010 through 137-002-0060. As used in those rules, the terms "agency," "governing body, and "decision maker" generally should be interpreted to mean "Commission." The term "agency" may also be interpreted to be the "DEQ" where context requires. Statutory/Other Authority: ORS 183.335 & 468.020 Statutes/Other Implemented: ORS 183.410 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 7-1988, f. & cert. ef. 5-6-88
340-011-0310 Public Records Access and Reproduction: Purpose Increased public involvement and awareness of environmental issues has placed greater demands on viewing and copying DEQ records. OAR 340-011-0310 et seq. allows DEQ to recover its costs for providing these services, as authorized by Oregon statute. Furthermore, these rules serve to ensure that all DEQ records remain available for viewing and intact for future use. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.410 - 192.440 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0320 Public Records Access and Reproduction: Scope With some exceptions prescribed by law, every person has the right to inspect public records of a state agency in this state. State agencies are allowed to take reasonable measures to ensure the integrity of records and to maintain office efficiency. The ability of the public to view public records is limited by reasonable restrictions and other such exemptions from disclosure that may be prescribed by law or rule. Statutory guidance for this rule includes: ORS 468.020; 192.410 to 192.505. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0330 Public Records Access and Reproduction: Requests for Review or to Obtain Copies of Public Records (1) The right to review records includes the right to review the original record where practicable. It does not provide the right to the requestor to locate the record himself or to review the original record when it contains exempt material. (2) Request to review or copy public records should be made to, and will be handled by, the appropriate DEQ staff maintaining the records requested. For questions, contact DEQ's general information number listed in the phone book and website at www.oregon.gov/deq. (3) Requests for DEQ records should be as specific as possible, including type of record, subject matter, approximate record date, and relevant names of parties. Whenever possible, the request should include the site location or county of the facility if known. If the request is unclear or overly burdensome, DEQ may request further clarification of the request. If DEQ cannot identify specific records responsive to a record request, DEQ may provide general files or distinct sections of records that are likely to contain the requested records. (4) Requests to either review or obtain copies of records may be made in writing, by telephone or in-person. DEQ may require a request to be made in writing if needed for clarification or specification of the record request. (a) Each DEQ office will establish daily hours during which the public may review DEQ's records. The hours maintained in each office will be determined by staff and equipment available to accommodate record review and reproduction. (b) Pursuant to ORS 192.430(1) and this rule, each DEQ office shall designate and provide a supervised space, if available, for viewing records. This space will accommodate at least one reviewer at a time. (c) DEQ accommodates public records requests from persons with disabilities in accordance with the Americans with Disabilities Act. (d) DEQ's ability to accommodate in-person requests may be limited by staff and equipment availability. Additionally prior to making records available for public review, DEQ will ascertain whether the record requested is exempt from public disclosure under ORS chapter 192 and other applicable law. (5) Time to provide requested records: DEQ will respond to a record request as quickly as reasonable. This time frame will vary depending on the volume of records requested, staff availability to respond to the record request, the difficulty in determining whether any of the records are exempt from disclosure, and the necessity of consulting with legal counsel. If DEQ determines that it will require more than 30 days to respond to a record request, it will inform the requestor of the estimated time necessary to comply with the record request. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.420 & 192.430 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0360 Public Records Access and Reproduction: Collecting Fees (1) Method: Payment may be made in the form of cash, check, or money order. Make checks payable to "Department of Environmental Quality." (2) Billing: Requestors wishing to be billed may make such arrangements at the time of record request. Purchase orders will only be accepted for orders $10.00 or more. (3) Receipts: A receipt may be given, upon request, for charges incurred. (4) Reasonable costs associated with responding to a request to review or copy a record not specifically addressed by these rules may be assessed including the actual costs for DEQ to have another person make copies of the records. (5) Prepayment of Copy Costs: Depending on the volume of the records requested, the difficulty in determining whether any of the records are exempt from disclosure, and the necessity of consulting with legal counsel, DEQ may preliminarily estimate the charges for responding to a record request and require prepayment of the estimated charges. If the actual charges are less than the prepayment, any overpayment will be refunded to the requestor. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.440 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0370 Public Records Access and Reproduction: Certification of Copies of Records Certification of both hard and electronic copies of records will be provided. DEQ will only certify that on the date copied, the copy was a true and correct copy of the original record. DEQ cannot certify as to any subsequent changes or manipulation of the record. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.440 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0380 Public Records Access and Reproduction: Fee Waivers and Reductions (1) Ordinarily there will be no charge for one copy of a public record: (a) When the material requested is currently being distributed as part of the public participation process such as a news release or public notice. (b) When the material requested has been distributed through mass mailing and is readily available to DEQ at the time of request. (c) When the records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public function or capacity. Even if a person qualifies under this subsection, DEQ may still charge for either record review or copying based on the following factors: (A) Any financial hardship on DEQ; (B) The extent of time, expense and interference with DEQ's regular business; (C) The volume of the records requested; or (D) The necessity to segregate exempt from non-exempt materials. (2) Public Interest Annual Fee Waivers: (a) An approved annual fee waiver allows the requestor to either review or obtain one copy of a requested record at no charge. Fee waivers are effective for a one year period. (b) A person including members of the news media and non-profit organizations may be entitled to an annual fee waiver provided that a Fee Waiver Form is completed and approved by DEQ. The form must identify the person's specific ability to disseminate information of the kind maintained by DEQ to the general public and that such information is generally in the interest of and benefit to the public within the meaning of the Public Records Law. Additional information may be requested by DEQ prior to granting any fee waiver. (c) Even if a person has a fee waiver, DEQ may charge for either record review or copying based on the following factors: (A) Any financial hardship on DEQ; (B) The extent of time, expense and interference with DEQ's regular business; (C) The volume of the records requested; (D) The necessity to segregate exempt from non-exempt materials; and (E) The extent to which the record request does not further the public interest or the particular needs of the requestor. (3) Case-by-Case Waivers or Reductions: A person that does not request, or is not approved for an annual waiver, may request a waiver or a reduction of record review or reproduction costs on a case-by-case basis. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.440 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0390 Public Records Access and Reproduction: Exempt Records All records held by DEQ are public records unless exempt from disclosure under ORS Chapter 192 or other applicable law. If DEQ determines that all or part of a requested public record is exempt from disclosure, DEQ will notify the requestor and the reasons why DEQ considers the record exempt. Statutory/Other Authority: ORS 192.410 - 192.505 & 468.020 Statutes/Other Implemented: ORS 192.501 & 192.502 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 23-1994, f. & cert. ef. 10-21-94
340-011-0500 Contested Cases: Contested Case Proceedings Generally Except as otherwise provided in OAR 340, division 011, contested cases will be governed by the Rules of the Office of Administrative Hearings, specifically OAR 137-003-0501 through 0700. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.341 History: DEQ 1-2014, f. & cert. ef. 1-6-14 Renumbered from 340-011-0098 by DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 7-1988, f. & cert. ef. 5-6-88
340-011-0505 Contested Cases: Powers of the Director The director, on behalf of the Commission, may execute (1) Any written order which has been consented to in writing by the participants; (2) Formal enforcement actions; (3) Orders upon default; and (4) Any other final order implementing any action taken by the Commission on any matter. Statutory/Other Authority: ORS 183.335 & 468.020 Statutes/Other Implemented: ORS 468.045 & 468.130 History: Renumbered from 340-011-0136 by DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 122, f. & ef. 9-13-76
340-011-0510 Contested Cases: Agency Representation by Environmental Law Specialist (1) Environmental Law Specialists, and other DEQ personnel as approved by the director, are authorized to appear on behalf of DEQ and commission in contested case hearings involving formal enforcement actions issued under OAR 340, division 012, and issuance, revocation, modification, or denial of licenses, permits, certifications, or other authorizations, including general permit coverage or registrations. (2) Environmental Law Specialists or other approved personnel may not present legal argument as defined under OAR 137-003-0545 on behalf of DEQ or commission in contested case hearings. (3) When DEQ determines it is necessary to consult with the Attorney General's office, an administrative law judge will provide a reasonable period of time for an agency representative to consult with the Attorney General's office and to obtain either written or oral legal argument. Statutory/Other Authority: ORS 183.341, 183.452 & 468.020 Statutes/Other Implemented: ORS 183.452 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 5-2008, f. & cert. ef. 3-20-08 Renumbered from 340-011-0103 by DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 16-1991, f. & cert. ef. 9-30-91
340-011-0515 Contested Cases: Authorized Representative of a Participant other than a Natural Person in a Contested Case Hearing A corporation, partnership, limited liability company, unincorporated association, trust and government body may be represented by either an attorney or an authorized representative in a contested case hearing before an administrative law judge or the commission to the extent allowed by OAR 137-003-0555. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.457 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 5-2008, f. & cert. ef. 3-20-08 DEQ 18-2003, f. & cert. ef. 12-12-03, Renumbered from 340-011-0106 DEQ 10-2002, f. & cert. ef. 10-8-02 DEQ 6-2002(Temp), f. & cert. ef. 4-24-02 thru 10-21-02
340-011-0520 Contested Cases: Liability for the Acts of a Person's Employees A person is legally responsible for not only its direct acts but also the acts of its employee when the employee is acting within the scope of the employment relationship, regardless of whether the person expressly authorizes the act in question. The mental state ("M" factor under OAR 340-012-0145) of an employee can be imputed to the employer. Nothing in this rule prevents DEQ from issuing a formal enforcement action to an employee for violations occurring during the scope of the employee's employment. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 468.005, 468.130 & 468.140 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 18-2003, f. & cert. ef. 12-12-03
340-011-0525 Contested Cases: Service and Filing of Documents (1) Service will be made either personally or by certified mail. Service is perfected when received by the named person, if by personal service, or when mailed, if sent by mail. Service may be made upon: (a) The named person; (b) Any other person designated by law as competent to receive service of a summons or notice for that person; or (c) The person's attorney or other authorized representative. (2) A person holding a license or permit issued by DEQ or commission, or who has submitted an application for a license or permit, will be conclusively presumed able to be served at the address given in the license or permit application, as it may be amended from time to time. (3) Filing of a document can be accomplished by personal service, facsimile, mail or electronically. A participant filing any document shall at the same time, provide a copy of the document to all other participants. (4) Regardless of other provisions in this rule, documents served or filed by DEQ or commission through the U.S. Postal Service by regular mail to a person's last known address are presumed to have been received, subject to evidence to the contrary. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.413 & 183.415 History: DEQ 1-2014, f. & cert. ef. 1-6-14 Renumbered from 340-011-0097 by DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 122, f. & ef. 9-13-76 DEQ 78, f. 9-6-74, ef. 9-25-74
340-011-0530 Contested Cases: Requests for Hearing (1) Unless a request for hearing is not required by statute or rule, or the requirement to file a request for hearing is waived in the formal enforcement action, a person has 20 calendar days from the date of service of the notice of a right to a contested case hearing in which to file a written request for hearing unless another timeframe is allowed by statute or rule. (2) The request for hearing must include a written response that admits or denies all factual matters alleged in the notice, and alleges any and all affirmative defenses and the reasoning in support thereof. Due to the complexity, factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. New matters alleged in the request for hearing are denied by DEQ unless admitted in subsequent stipulation. (3) An amended request for hearing may be accepted by DEQ if DEQ determines that the filing of an amended request will not unduly delay the proceeding or unfairly prejudice the participants. The participant must provide DEQ with a written explanation why an amended request for hearing is needed. (4) A late request for hearing will be accepted by DEQ if: (a) The request is postmarked within 20 calendar days of service of the notice, and; (b) DEQ receives the late request for hearing within 60 days of the date the notice became final upon default. (5) A late request for hearing may be accepted by DEQ if: (a) Either the request is received by DEQ before entry of a default order or within 60 days of the date the notice became final upon default, and; (b) There was good cause for the failure to timely request a hearing. (6) The person must provide DEQ with a written explanation why the request for hearing was late. If the person fails to provide the written explanation, DEQ must not accept the late request for hearing. DEQ may require that the explanation be supported by an affidavit. (7) The filing of a late request for hearing does not stay the effect of any final order. (8) DEQ will deny a late request for hearing that is filed more than 60 days after the notice became final by default. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.415, 183.464, 183.482, 183.745 & 183.484 History: DEQ 1-2014, f. & cert. ef. 1-6-14 Renumbered from 340-011-0107 by DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 7-1988, f. & cert. ef. 5-6-88 DEQ 122, f. & ef. 9-13-76 DEQ 78, f. 9-6-74, ef. 9-25-74
340-011-0535 Contested Cases: Final Orders by Default (1) If a person fails to request a hearing within the time allowed and no further evidence is necessary to make a prima facie case, the notice of a right to a contested case hearing will become final by operation of law as provided in OAR 137-003-0672. (2) If the person fails to request a hearing within the time allowed and DEQ determines that evidence, in addition to the evidence in DEQ's record, is necessary to make a prima facie case, DEQ will proceed to a contested case hearing for the purpose of establishing a prima facie case. (3) If the participant files a timely request for hearing but either: withdraws the request; or, after being provided notice of the time and place of the hearing, either fails to appear at a hearing or notifies either the administrative law judge or DEQ, in writing, that the participant does not intend to appear at the hearing, DEQ will enter and serve a final order by default. (4) If more than one person is named in the notice of a right to a contested case hearing and any person defaults as provided in this rule, the notice will become final as it pertains to any person in default. Statutory/Other Authority: ORS 183.335, 468.020Stat. Impl.: ORS 183.415 & 183.090 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 18-2003, f. & cert. ef. 12-12-03
340-011-0540 Contested Cases: Consolidation or Bifurcation of Contested Case Hearings Proceedings for the assessment of multiple civil penalties for multiple violations may be consolidated into a single proceeding or bifurcated into separate proceedings, at DEQ's discretion. Additionally, DEQ, at its discretion, may consolidate or bifurcate contested case hearings involving the same fact or set of facts constituting the violation. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.415 History: DEQ 1-2014, f. & cert. ef. 1-6-14 Renumbered from 340-012-0035 by DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 21-1992, f. & cert. ef. 8-11-92 DEQ 78, f. 9-6-74, ef. 9-25-74