Or. Admin. Code § 410-141-5275

Current through Register Vol. 64, No. 1, January 1, 2025

Section 410-141-5275 - CCO ACQUISITIONS AND MERGERS: Hearing, Request, Notice

(1) Contested case hearings shall be conducted pursuant to ORS 183.411 through ORS 183.497 and the Attorney General's Uniform and Model Rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 through OAR 137-003-0700, and the provisions of this rule.

(2) A party to a CCO Form A application that wishes to contest a Notice of Proposed Final Order issued by the Authority that fully resolves the Form A application must request a hearing within fifteen (15) calendar days from the date of service of the final order and a notice of right to a hearing.

(3) A contested case hearing must be held within thirty (30) business days after the date the written request for a hearing was filed.

(4) In addition to any other notice required under ORS Chapter 183, at least twenty (20) business days before the hearing, the Director shall notify the parties to the CCO Form A application that requested a hearing of the hearing.

(5) The issues to be considered in a contested case conducted pursuant to this rule shall be limited in scope to the facts and conclusions contained in the final order or determination.

(6) In a contested case conducted pursuant to this rule, an administrative law judge assigned by the Office of Administrative Hearings shall serve a proposed order on all parties and the Authority, unless prior to the hearing the Authority notifies the administrative law judge that a final order may be served, within thirty (30) calendar days of the close of the evidentiary record in the contested case.

(7) The Authority shall issue a final order within thirty (30) days of receipt of the proposed order, which may adopt some or all of the proposed order, as the Authority shall determine in its sole discretion. The final order is effective immediately upon being signed or as otherwise provided in the order.

(8) The time limits established in rule may be waived or shortened by agreement among the parties and the Authority.

(9) All contested case hearing decisions are subject to judicial review under ORS 183.482 in the Court of Appeals.

Or. Admin. Code § 410-141-5275

DMAP 60-2019, adopt filed 12/18/2019, effective 1/1/2020; DMAP 143-2024, amend filed 12/29/2024, effective 1/1/2025

Statutory/Other Authority: ORS 413.042, 414.572, 414.591 & 414.605

Statutes/Other Implemented: ORS 414.570-414.686 & 415.001-415.430