Secretary of State
Certificate and Order for Filing
PERMANENT ADMINISTRATIVE RULES
I certify that the attached copies* are true, full and correct copies of the PERMANENT Rules adopted on October 17, 2007, by the
Environmental Quality Commission to be administered by DEQ__________________________OAR Chapter 340___________
Agency and Division Administrative Rules Chapter Number
Larry McAllister_______________________________________________________________503-229-6412 __________________
Agency Rules Coordinator Telephone
811 SW Sixth Avenue, Portland, OR 97204______mcallister.larry@deq.state.or.us________________________________________
Address/email
to become effective upon filing. Rulemaking Notice was published in the June 2007 Oregon Bulletin.**
RULE CAPTION
Clarification of Proposed Orders in Contested Enforcement Cases
RULEMAKING ACTION
ADOPT: OAR 340-011-0009; OAR 340-011-0573
AMEND: OAR 340-011-0005; OAR 340-011-0510; OAR 340-011-0515; OAR 340-011-0575; OAR 340-200-0040
REPEAL: n/a
RENUMBER: n/a
AMEND AND RENUMBER: n/a
Stat. Auth.: ORS 468.020, 183.341, 183.452
Other Authority: n/a
Stats. Implemented: ORS 468A.035, 468.070, 468.090-140, 183.341, 183.452, 183.460, 183.464, 183.470
RULE SUMMARY
Adopt OAR 340-011-0573 and amend OAR 340-011-0575 to allow any party to a DEQ contested case proceeding to file a motion requesting that the Administrative Law Judge (ALJ) revise the proposed order so as to provide a more clear and complete record on appeal to the Environmental Quality Commission (EQC).
Amend OAR 340-011-0510 to clarify that Environmental Law Specialists may provide lay representation on behalf of the DEQ in contested case proceedings involving license, permit, or certification revocations, modifications, and denials.
Correct a typographical error in OAR 340-011-0515 to reference the proper rule in the Oregon Administrative Procedures Act regarding the extent to which parties may be represented by attorneys or other authorized representatives in proceedings before ALJs or the EQC.
Adopt OAR 340-011-0009 and amend OAR 340-011-0005(5) to update the incorporation of portions of the Attorney General’s Model Rules and incorporate the Attorney General’s Model Rules for Miscellaneous and Orders in Other than Contested Cases.
Amend OAR 340-200-0040(2) to reflect the date that the rules are adopted by the EQC. This amendment is required because these amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP), which is a requirement of the Clean Air Act.
____________________________________________________________________________________________________________
Authorized Signer Date
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Printed name
*Copies include a photocopy of this certificate with paper and electronic copies of each rule listed in the Rulemaking Action.
**The Oregon Bulletin is published on the 1st of each month and updates the rule text found in the Oregon Administrative Rules Compilation. Notice forms must be submitted to the Administrative Rules Unit, Oregon State Archives, 800 Summer Street NE, Salem, Oregon 97310 by 5:00 pm on the 15th day of the preceding month unless this deadline falls on a Saturday, Sunday or legal holiday when Notice forms are accepted until 5:00 pm on the preceding workday