OAR 632-037-0115: Judicial Review

(1) A petition for judicial review of a permitting agency's issuance or denial of a permit must be filed with the Supreme Court within 60 days following the date the permit is issued or denied following the entry of an order subsequent to a consolidated contested case hearing. (2) Except as provided in section (3) of this rule, if the permit with prescribed conditions is approved, the filing of a petition for judicial review shall stay the permit during the pendency of judicial review for a period of up to six months from the date the petition is filed. The Supreme Court may extend the stay beyond the six-month period upon written request and a showing by the petitioner that the activities allowed under the permit could result in irreparable harm to the site. (3) When only the applicant files a petition for judicial review, the six-month stay imposed under section (2) of this rule may be removed by the permitting agency upon the applicant's written request within 60 days after filing of the petition and upon a showing by the applicant that supports a finding by the permitting agency that proceeding with any or all activities under the permit will not result in irreparable harm to the site. (4) In making findings under section (3) of this rule, the permitting agency may require an additional bond or alternative security to be filed with the Department as provided in ORS 517.987 and these rules. The bond or alternative security shall be in an amount the permitting agency determines necessary to ensure complete restoration of the site if the petitioner elects not to complete the project following judicial review. Agency denial of the request to remove the stay is subject to review by the Supreme Court under such rules as the Supreme Court may establish.