Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 30 - RATEMAKING PROCEDURES › Section 856-030-0033 - Board Initiated Rate Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
For Board rate proceedings initiated on the Board's own motion,
				the following shall apply:
(1) No
			 proceeding shall be commenced unless at least seven voting members of the Board
			 agree to do so.
(2) Only
			 single-issue proceedings shall be considered or commenced.
(3) The following procedures shall be
			 followed:
(a) The pre-petition notice and
			 dispute resolution process shall not apply.
(b) Upon Board decision to commence a rate
			 proceeding, the Board shall provide notice of the change proposed, by certified
			 or registered mail, to all parties to any rate order being affected, and to any
			 other persons the Board believes have interest in the proceedings. The notice
			 is deemed served on the date of mailing to the last known address of the person
			 being served.
(c) The notice shall:
(A) Provide that all parties served have 30
			 days from the date of service to request a hearing, or provide an answer, other
			 applicable pleading, or response. A request for hearing, an answer, pleading or
			 other response shall be deemed filed on the day it is received at the Board's
			 offices. Weekend days are included in calculating these 30 days, but state
			 holidays are not. However, if the 30th day falls on a weekend day, the first
			 day that state offices are open following that weekend is the 30th
			 day.
(B) Include the action
			 proposed by the Board, with a detailed listing of all cost items and any
			 requested changes in pilot compensation or a current rate order.
(C) Include a statement that any natural
			 persons addressed in the notice who are active duty service members have a
			 right to stay proceedings under the federal Service members Civil Relief Act
			 and may contact the Oregon State Bar or the Oregon Military Department for more
			 information. The statement must include the toll-free telephone numbers for the
			 Oregon State Bar, the contact information for the Oregon Military Department
			 and the Internet address for the United States Armed Forces Legal Assistance
			 Legal Services Locator website.
(d) If no hearing is requested within 30 days
			 of service of the notice, the Board may issue a final order upon default. If an
			 answer, pleading, or other response is filed within 30 days but no request for
			 hearing is filed within 30 days, no hearing shall be held. However, if no
			 hearing is requested within 30 days, but an answer, pleading or other response
			 is filed within those 30 days, the Board shall, at a minimum, consider and
			 address the issues raised in the answer, pleading, or response in its final
			 order. The Board may also issue an amended notice in reply to an answer,
			 pleading, or other response timely received.
(e) No untimely request for a hearing shall
			 be considered.
(f) If a hearing is
			 requested, the Board request for an Administrative Law Judge from the Public
			 Utility Commission shall be submitted within 60 days of the hearing
			 request.
(g) The hearing shall be
			 conducted in accordance with
			 856-030-0015.
(h) No later than 14 days after the proposed
			 order is issued, any party who would be adversely affected if the Board were to
			 adopt the proposed order as a final order may file written exceptions to the
			 Proposed Order with the Board. Written exceptions may include arguments about
			 the hearing officer's findings of fact based on the record, the hearing
			 officer's legal analysis, and the hearing officer's conclusions and
			 recommendations. No new facts or evidence may be introduced, and the Board will
			 not consider any new facts or evidence.
(i) Every final order entered shall be in
			 writing and shall be accompanied by findings of fact and conclusions of law,
			 and by a citation of the statutes under which the order may be
			 appealed.
(j) The findings of fact
			 in every final order shall consist of a concise statement of the underlying
			 facts supporting the findings as to each contested issue of fact and as to each
			 ultimate fact required to support the order.
(k) The Board shall adopt the final order as
			 soon as practicable.
(l) The Board
			 shall determine the costs of the proceedings and assess such costs equitably
			 among the parties involved, except for the Board, in any contested case
			 hearing, as part of the final order.