Or. Admin. Code § 345-015-0405

Current through Register Vol. 63, No. 12, December 1, 2024

Section 345-015-0405 - Appointment and Duties of Hearing Officer

(1) The Energy Facility Siting Council shall appoint a hearing officer to conduct a contested case proceeding on behalf of the Council or to compile the record of the contested case proceeding and recommend resolution of objections to the record of a local land use proceeding held pursuant to ORS 469.503(2)(a). The Council may refer a contested case to the Office of Administrative Hearings for appointment of a hearing officer, or Council may appoint some other person or persons as it sees fit.

(2) A hearing officer shall take all necessary action to:

(a) Ensure a full, fair, impartial, and efficient proceeding;

(b) Facilitate presentation of evidence;

(c) Comply with statutory time limits on Council decisions;

(d) Maintain order; and

(e) Assist the Council in making its decision.

(3) The hearing officer shall keep the Council informed regularly on the status of the contested case and maintain a complete and current record of the contested case proceeding, including:

(a) All pleadings, motions, and intermediate rulings;

(b) Evidence received or considered;

(c) Stipulations;

(d) A statement of matters officially noticed;

(e) Questions and offers of proof, objections, and rulings thereon;

(f) Information about any ex parte communication with the hearing officer that must be made part of the record under OAR 137-003-0625(2);

(g) Proposed findings and exceptions; and

(h) The proposed contested case order.

(4) The hearing officer is authorized to carry out the responsibilities assigned in this rule, including the authority to:

(a) Administer oaths and affirmations;

(b) Rule on offers of proof and receive evidence pursuant to the hearing officer's established schedule;

(c) Consider petitions for, authorize, and limit depositions, as provided in OAR 137-003-0572;

(d) Order and control discovery, as provided in OAR 137-003-0568, and all other aspects of the contested case proceeding, the order of proof, and the conduct of the participants;

(e) Dispose of procedural matters and rule on motions;

(f) Call and examine witnesses;

(g) Hold conferences, including one or more prehearing conferences as provided in OAR 137-003-0575, before or during the hearing for settlement, for the simplification of issues or any other purpose the hearing officer finds necessary. For a contested case proceeding on an application for a site certificate or for an amendment to a site certificate, the hearing officer shall review and rule on petitions for party or limited party status consistent with the requirements of OAR 345-015-0415, including limiting the issues to the issues that have been raised with sufficient specificity in the public hearing;

(h) Continue the contested case proceeding from time to time;

(i) Issue protective orders in accordance with the standards of Rule 36(C) of the Oregon Rules of Civil Procedure.

(j) At the request of the Council, or upon motion of a party or limited party for good cause shown as provided in OAR 345-015-0470, and with reasonable notice to all parties, reopen the contested case proceeding for reception of further evidence on issues identified in the notice at any time prior to final decision by the Council;

(k) Within the hearing officer's discretion, or at the request of the Council, certify any question to the Council for its consideration and disposition;

(l) Prepare and serve upon the parties a proposed order addressing those issues enumerated in the request for contested case hearing and any additional issues approved by the hearing officer, including findings of fact, findings of ultimate fact and conclusions of law; and

(m) Take any other action consistent with the Council's governing statutes and the Council's rules.

(5) The Council may, on its own motion or upon the motion of a party or limited party, remove a hearing officer if it determines that the hearing officer is not competent to conduct the proceeding, is demonstrably biased for or against any party, or is otherwise unable to conduct the proceeding.

Or. Admin. Code § 345-015-0405

EFSC 2-2024, adopt filed 10/01/2024, effective 10/1/2024

Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2)

Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405, ORS 469.440, ORS 469.605, ORS 469.615 & ORS 469.992