OAR 734-051-3110: Contested Case Hearing Process

(1) Right to a Contested Case Hearing. Pursuant to ORS 374.313, a person holding an interest in real property, which is or would be served by an approach, may appeal a decision of the department by filing a request for a contested case hearing. Department decisions that result from conditions contained in a contract, condemnation judgment, recorded deed or permit cannot be appealed through the contested case hearing process. (2) Procedure. The contested case hearing procedure is subject to the following requirements in subsections (a) through (f) below: (a) The request for a hearing and the hearing are governed by OAR 137-003-0501 through 137-003-0700; (b) After receiving a request for a contested case hearing, the department shall notify the office of administrative hearings of the request for the hearing; (c) The hearings process falls within the 120-day timeline in OAR 734-051-3040(4) unless the department and the applicant mutually agree to a time extension; (d) The department and the applicant may present additional information in writing or in person at the contested case hearing; and (e) An administrative law judge will review the department’s decision, conduct a hearing, and may approve, reverse, or modify the decision. The administrative law judge: (A) Shall issue a proposed order as set forth in OAR 137-003-0645; (B) May require conditions or limitations to be incorporated into the construction permit or the permit to operate; and (C) The filing of exceptions stays the 120-day timeline for ODOT’s final decision. (f) The director shall issue a final order or may adopt as final the proposed order issued by the administrative law judge.