OAR 690-260-0090: Opportunity for Hearing

(1) Persons or agencies receiving a notice imposing a civil penalty may request a hearing within 10 days from the date of mailing the notice. Notice may be served personally or by mail. In the case of service by mail, the date of mailing shall serve as the notice date. The request for hearing shall be considered made on the date that the request is postmarked. (2) The Commission delegates to the Director the authority to schedule and conduct a contested hearing if one is requested. The Director may issue a proposed order following the hearing. If no exceptions are filed, the proposed order becomes final. If exceptions are filed to the proposed order, the Commission shall issue the final decision. (3) The Director may recommend that the Commission reduce or remit the amount of the penalty if evidence, or negotiations presented in preparation for the hearing, indicates that the amount of the penalty was inappropriate. The following factors may be considered when reducing or remitting a civil penalty: (a) History of similar violations; (b) Willingness to comply; (c) impact on other water rights; (d) Economic gain resulting from the violation; (e) Financial ability of the violator to pay the penalty; and (f) Incorrect identification of the responsible party.