OAR 438-082-0030: Standard of Review; Review Without Hearing

(1) The standard of review by the Board shall be de novo upon the entire record. (2) If the applicant does not request a fact finding hearing within 15 days of the mailing of the record, the review shall be confined to the record filed by the Department and any written argument filed by the interested parties. The applicant’s written argument, if any, must be filed with the Board not later than 30 days after the mailing of the record to be considered. The Department shall be allowed 15 days from the filing of the applicant’s written argument to file its response, or, of the applicant files no written argument, the Department’s written argument, if any, shall be filed not later than 45 days after the mailing of the record.