ORS 536.076: Contested case proceedings; rules.

(1) As used in this section and ORS 536.077, “contested case” has the meaning given that term in ORS 183.310. (2) This section and ORS 536.077 and rules adopted thereunder apply to: (a) A contested case proceeding under a provision of ORS chapter 537 or 540 that references this section. (b) A contested case proceeding on an application related to the use of water under a provision of ORS chapter 537, 540 or 541 in which the contested case proceeding is provided for in rule or order and the rule or order refers to this section. (3) The Water Resources Commission and the Office of Administrative Hearings shall establish a uniform process for hearing contested cases that is consistent with this section and with ORS chapter 183. The contested case proceeding must be conducted in accordance with applicable provisions of ORS chapter 183 that govern contested cases, except as otherwise provided in this section and ORS 536.077 and administrative rules adopted under this section and ORS 536.077, or as specified in ORS chapters 537, 540 and 541. (4) The Water Resources Department, in consultation with the Office of Administrative Hearings, shall establish one or more default hearing schedules that govern contested case hearings and provide that the process, from a referral for a hearing to a completion of the hearing, must be completed in not more than 180 days, except as provided in subsection (5) of this section. The default schedule must include deadlines for discovery requests and responses and motions to compel discovery and may include other deadlines. (5) The Office of Administrative Hearings may allow an extension of the hearing schedule only under the following circumstances: (a) The department, after consulting with the parties, requests a different schedule for a particular contested case; (b) The chief administrative law judge, upon referral, determines that adhering to the default schedule is not feasible in a particular contested case; or (c) The administrative law judge assigned to the case determines that modifying the default schedule for a particular contested case serves the public interest, is necessary to provide due process or is in the interest of justice. (6) An administrative law judge shall, to the greatest extent practicable, give preference to testimony being provided orally rather than in writing. (7) The administrative law judge shall determine the venue for conducting the hearing, subject to the approval of the Water Resources Department, and shall give preference to conducting a hearing by a remote method. (8) The department, after consultation with the parties, may request that the Office of Administrative Hearings authorize the assignment of a settlement administrative law judge. If the office assigns a settlement administrative law judge to a case, the parties have 60 days after the date of the referral to reach a settlement of the case before continuing to a hearing. If the department refers the case for review with a settlement administrative law judge and the case does not resolve within 60 days after the date of the referral, the case proceeds to a contested case hearing and the contested case hearing must be completed within 180 days after the end of the 60-day period, except as provided in subsection (5) of this section. (9) The commission shall establish standard timelines for the department to rule on a request for party status. (10) The commission may adopt rules necessary to implement this section. [2025 c.575 §2]