OAR 690-002-0023: Agency Representation by Officer or Employee

As authorized by the Attorney General pursuant to ORS 183.452, Department officers and employees may represent the Department and Commission in the following types of contested case hearings: (1) Civil penalty hearings under ORS 537.792 and OAR chapter 690 division 225 that may lead to imposition of a fine, well constructor license suspension/revocation, or conditions placed on a well constructor license; (2) Civil penalty hearings under ORS 536.900 and OAR chapter 690 division 260 that may lead to imposition of a fine or order directing compliance with regulatory directives; (3) Protested water use applications under ORS 537.170 or 537.622 and OAR chapter 690 divisions 77 or 310; (4) Protested conversions of minimum perennial streamflows to instream water rights under OAR chapter 690 division 77; (5) Requests for reservations of water for future economic development under OAR chapter 690 division 79; (6) Reservoir permits issued under ORS 537.409 and exempt reservoirs under ORS 537.405; (7) Water right certificates issued under ORS 537.260, 537.270 and 537.505 to 537.795; (8) Water right permit and certificate cancellations under ORS 537.139, 537.260, 537.410 to 537.450, and 540.610 to 540.660; (9) Water right transfers under ORS 540.520, 540.572 to 540.580 and permit amendments under 537.211; (10) Non-FERC hydro projects under OAR 690 division 51 and ORS chapters 543 and 543A; (11) Water right permit extension orders under ORS 537.230, 537.248, and 537.630; (12) Other contested case hearings where the protested action rests in whole or in part on studies, policy recommendations, or other analysis done by Department staff and which have been approved or authorized by the Department or the Commission; and (13) Other individual cases or categories of hearings as approved in writing by the Attorney General on an individual or category basis.