PROPOSED RULE CHANGES
340-011-0005
Definitions
…
(5) “Model Rules” or “Uniform Rules” means the Attorney General’s Uniform and Model Rules of Procedure, OAR Chapter 137, Division 001 (excluding OAR 137-001-0008 through 137-001-0009), OAR Chapter 137, Division 003, and OAR Chapter 137, Division 004, as in effect on January 1, 2006.* * *
340-011-0008
Incorporation of Attorney General’s Uniform and Model Rules
The following Attorney General’s Uniform and Model Rules of Procedure are adopted and incorporated into this Division, except as otherwise provided in this Division: OAR Chapter 137, Division 001 (excluding OAR 137-001-0008 through 137-001-0009), OAR Chapter 137, Division 003, and OAR Chapter 137, Division 004, as in effect on January 1, 2006.
* * *
340-011-0510
Agency Representation by Environmental Law Specialist
(1) Environmental Law Specialists and other department personnel as approved by the director, are authorized to appear on behalf of the department and commission in contested case hearings involving formal enforcement actions issued under OAR 340, division 012, and revocation, modification, or denial of licenses, permits, and certifications.
(2) Environmental Law Specialists or other approved personnel may not present legal argument as defined under OAR 137-003-0545 on behalf of the department or commission in contested case hearings.
(3) When the department 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, if necessary.
340-011-0515
Authorized Representative of Respondent 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.
* * *
OAR 340-011-0573
Proposed Orders in Contested Cases
(1) Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order. The administrative law judge will serve the proposed order on each participant. A proposed contested case order must conform to the requirements of OAR 137-003-0645(3).
(2) Within 15 days after a proposed contested case order is issued, a participant in the contested case hearing may file a motion requesting that the administrative law judge clarify or supplement a proposed order. The motion must specify why the participant believes that the proposed order fails to conform to the requirements of OAR 137-003-0645(3) and recommend changes to the order. The motion must be served on the administrative law judge and all participants in the contested case hearing.
(3) The administrative law judge may grant or deny a motion filed under section (2) of this rule within 15 days. If the motion is granted, the administrative law judge may take the matter under advisement and reissue the proposed order unchanged or may issue an amended proposed order. If the administrative law judge fails to act on the motion within 15 days, the motion is deemed denied by operation of law.
(4) The filing of a timely motion for clarification under section (2) of this rule tolls the period for filing a Petition for Commission Review of the proposed contested case order under OAR 340-011-0575. Tolling of the period begins on the day the motion is served on the administrative law judge and ends on the day the motion is denied, deemed denied by operation of law, or reissued without changes. If the administrative law judge issues an amended proposed order, the amended order will be treated as a new proposed order for purpose of the filling a timely Petition for Commission Review under OAR 340-011-0575.
(5) The motion for clarification authorized by this rule is intended to alter the provisions of OAR 137-003-0655 but not to eliminate the authority of the administrative law judge to correct a proposed order in the manner specified in section (2) of that rule.
(6) A motion for clarification and any response to a motion for clarification will be part of the record on appeal.
* * *340-011-0575
Review of Proposed Orders in Contested Cases
(1) For purposes of this rule, filing means receipt in the office of the director or other office of the department.
(2) Commencement of Review by the Commission: The proposed order will become final unless a participant or a member of the commission files, with the commission, 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.