OAR 856-030-0033: Board Initiated Rate Proceedings

For Board rate proceedings initiated on the Board’s own motion, the following shall apply: (1) No proceeding shall be commenced unless at least seven voting members of the Board agree to do so. (2) Only single-issue proceedings shall be considered or commenced. (3) The following procedures shall be followed: (a) The pre-petition notice and dispute resolution process shall not apply. (b) Upon Board decision to commence a rate proceeding, the Board shall provide notice of the change proposed, by certified or registered mail, to all parties to any rate order being affected, and to any other persons the Board believes have interest in the proceedings. The notice is deemed served on the date of mailing to the last known address of the person being served. (c) The notice shall: (A) Provide that all parties served have 30 days from the date of service to request a hearing, or provide an answer, other applicable pleading, or response. A request for hearing, an answer, pleading or other response shall be deemed filed on the day it is received at the Board’s offices. Weekend days are included in calculating these 30 days, but state holidays are not. However, if the 30th day falls on a weekend day, the first day that state offices are open following that weekend is the 30th day. (B) Include the action proposed by the Board, with a detailed listing of all cost items and any requested changes in pilot compensation or a current rate order. (C) Include a statement that any natural persons addressed in the notice who are active duty service members have a right to stay proceedings under the federal Service members Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar, the contact information for the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. (d) If no hearing is requested within 30 days of service of the notice, the Board may issue a final order upon default. If an answer, pleading, or other response is filed within 30 days but no request for hearing is filed within 30 days, no hearing shall be held. However, if no hearing is requested within 30 days, but an answer, pleading or other response is filed within those 30 days, the Board shall, at a minimum, consider and address the issues raised in the answer, pleading, or response in its final order. The Board may also issue an amended notice in reply to an answer, pleading, or other response timely received. (e) No untimely request for a hearing shall be considered. (f) If a hearing is requested, the Board request for an Administrative Law Judge from the Public Utility Commission shall be submitted within 60 days of the hearing request. (g) The hearing shall be conducted in accordance with 856-030-0015. (h) No later than 14 days after the proposed order is issued, any party who would be adversely affected if the Board were to adopt the proposed order as a final order may file written exceptions to the Proposed Order with the Board. Written exceptions may include arguments about the hearing officer’s findings of fact based on the record, the hearing officer’s legal analysis, and the hearing officer’s conclusions and recommendations. No new facts or evidence may be introduced, and the Board will not consider any new facts or evidence. (i) Every final order entered shall be in writing and shall be accompanied by findings of fact and conclusions of law, and by a citation of the statutes under which the order may be appealed. (j) The findings of fact in every final order shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the order. (k) The Board shall adopt the final order as soon as practicable. (l) The Board shall determine the costs of the proceedings and assess such costs equitably among the parties involved, except for the Board, in any contested case hearing, as part of the final order.