OAR 345-029-0070: Contested Case Proceeding

(1) Within 20 days after the date of mailing of the notice of assessment of a civil penalty, the responsible party may submit to the Department a written request for a contested case proceeding. For the purpose of this rule, the request is submitted when it is received by the Department. (2) If the responsible party requests a contested case proceeding within the time stated in section (1), the Council must conduct the proceeding under the applicable provisions of OAR 345-015-0400 to 345-015-0480. (3) If the responsible party does not request a contested case proceeding within the time stated in section (1), the Department's proposed order assessing a civil penalty, described under OAR 345-029-0060(2), automatically becomes final. (4) If the responsible party requests a contested case proceeding but fails to appear, the Department's proposed order assessing a civil penalty, described under OAR 345-029-0060(2), becomes final upon a prima facie case made on the record of the Department.