OAR 340-048-0045: Issuance and Appeal of Certification Decision

(1) The department must provide a certification decision to the applicant by mail or personal delivery in the same manner as provided for service of notice under OAR 340-011-0097 and provide written notice by appropriate means to public commenters on the proposed certification decision. Any certification decision must include or be accompanied by a notice of the applicant’s opportunity to request a contested case hearing regarding the certification decision. (2) An applicant dissatisfied with a certification decision, including any conditions to an approved certification, may request a contested case hearing by filing an answer and request for hearing in accordance with OAR 340-011-0530 within 20 days of mailing or personal delivery of the notice of the certification decision by the department. The hearing must be conducted in accordance with OAR 340, division 011 regarding contested cases. (3) For purposes of the one-year period prescribed in 33 USC § 1341, the certification decision is effective upon the Director’s issuance of the decision, notwithstanding any request for a contested case hearing by the applicant or other judicial review.