Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0575 - Review of Proposed Orders in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, filing means
			 receipt in the office of the director or other office of DEQ.
(2) Commencement of Review by the Commission:
			 The proposed order will become final unless a participant or a member of the
			 commission files a Petition for Commission Review within 30 days of service of
			 the proposed order. The timely filing of a Petition is a jurisdictional
			 requirement and cannot be waived. Any participant may file a petition whether
			 or not another participant has filed a petition.
(3) Contents of the Petition for Commission
			 Review. A petition must be in writing and need only state the participant's or
			 a commissioner's intent that the commission review the proposed order. Each
			 petition and subsequent brief must be captioned to indicate the participant
			 filing the document and the type of document (for example: Respondents
			 Exceptions and Brief; DEQ's Answer to Respondent's Exceptions and Brief).
(4) Procedures on Review:
(a) Exceptions and Brief: Within 30 days from
			 the filing of a petition, the participant(s) filing the petition must file
			 written exceptions and brief. The exceptions must specify those findings and
			 conclusions objected to, and also include proposed alternative findings of
			 fact, conclusions of law, and order with specific references to the parts of
			 the record upon which the participant relies. The brief must include the
			 arguments supporting these alternative findings of fact, conclusions of law and
			 order. Failure to take an exception to a finding or conclusion in the brief,
			 waives the participant's ability to later raise that exception.
(b) Answering Brief: Each participant, except
			 for the participant(s) filing that exceptions and brief, will have 30 days from
			 the date of filing of the exceptions and brief under subsection (4)(a), in
			 which to file an answering brief.
(c) Reply Brief: If an answering brief is
			 filed, the participant(s) who filed a petition will have 20 days from the date
			 of filing of the answering brief under subsection (4)(b), in which to file a
			 reply brief.
(d) Briefing on
			 Commission Invoked Review: When one or more members of the commission wish to
			 review the proposed order, and no participant has timely filed a Petition, the
			 chair of the commission will promptly notify the participants of the issue that
			 the commission desires the participants to brief. The participants must limit
			 their briefs to those issues. The chair of the commission will also establish
			 the schedule for filing of briefs. When the commission wishes to review the
			 proposed order and a participant also requested review, briefing will follow
			 the schedule set forth in subsections (a), (b) and (c) of this section.
(e) Extensions: The commission or
			 director may extend any of the time limits contained in section (4) of this
			 rule. Each extension request must be in writing and filed with the commission
			 before the expiration of the time limit. Any request for an extension may be
			 granted or denied in whole or in part.
(f) Dismissal: The commission may dismiss any
			 petition, upon motion of any participant or on its own motion, if the
			 participant(s) seeking review fails to timely file the exceptions or brief
			 required under subsection (4)(a) of this rule. A motion to dismiss made by a
			 participant must be filed within 45 days after the filing of the Petition. At
			 the time of dismissal, the commission will also enter a final order upholding
			 the proposed order.
(g) Oral
			 Argument: Following the expiration of the time allowed the participants to
			 present exceptions and briefs, the matter will be scheduled for oral argument
			 before the commission.