OAR 837-085-0330: Contested Case Process — General

(1) Any person directly affected may request a hearing to contest, in part or in total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, decisions related to a request to review the assessment of the Hazardous Substance Possession Fee, or an application for exemption from all or part of the reporting requirements of the Community Right-to-Know and Protection Act and its administrative rules. (2) Any person directly affected may participate in the appeals process which includes, but is not limited to: (a) An informal conference to discuss, consider and determine if there is a basis for informal disposition of an appeal by stipulation, agreed settlement, consent order, default or other means; or (b) A formal hearing before a hearings officer where the laws, rules and evidence are presented and considered and a proposed opinion and order is issued. (3) The appeals process shall comply with the requirements of the Administrative Procedures Act (APA), ORS Chapter 183, unless specifically addressed in these rules.