OAR 690-077-0043: Application Processing: Protests and Conduct of Contested Case; Final Orders on Default when No Protest Filed
Edition: Current OARD snapshotEffective: 2026-08-11Last verified: 2026-09-07
(1) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 537.077, and OAR chapter 690, division 2. Proposed final orders shall become final orders if no protest is filed or by default as provided in OAR 690-002-0235. (2) Within 60 days after the close of the period for receiving protests, if a protest was timely submitted, the Department shall: (a) Issue a final order as provided under ORS 537.170 (1) or (2), if the applicant has not filed a protest and the director finds that there are no significant issues related to the proposed use of water; (b) Schedule a contested case hearing if a protest has been submitted; or (c) Provide any person who timely submitted a protest or request for party status with an estimate of the timing of referring the contested case to the Office of Administrative Hearings for a hearing and notice that parties may provide settlement proposals.
Official history and status
Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.153 & ORS 537.338
Statutes/Other Implemented: ORS 537.153, ORS 537.332 - 537.360, ORS 536.076 & ORS 536.077
History: WRD 66-2026, minor correction filed 08/11/2026, effective 08/11/2026 WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026 WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
This rule cites
- ORS 536.076 — resolved
- ORS 537.077 — target_record_not_published
- OAR 690-002-0235 — resolved
- ORS 537.170 — resolved
Cited by
Official source: https://secure.sos.state.or.us/oard/