OAR 690-077-0051: Application Processing: Contested Case Hearing on Final Order that Modifies Proposed Final Order

If a timely protest of a proposed final order was filed by a person other than the applicant and, as described in ORS 537.153(7)(a), the Director issues a final order without holding a contested case hearing, and the final order modifies the proposed final order, the applicant, a person granted party status or a protestant may submit a protest as provided in OAR 690-002-0220 within 14 days after the Director issues the final order. The issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order. The Department must refer the protest to the Office of Administrative Hearings for hearing if the protestant is an applicant, unless the applicant withdraws the protest or the protest is resolved through a settlement prior to referral.