2013 ORS § 468A.327¹
Requirement for adoption, amendment or repeal of rules
  • oral hearing

(1) Prior to the adoption, amendment or repeal of any rule pursuant to ORS chapter 183 that applies to any facility required to pay fees under ORS 468A.315 (Emission fees for major sources), the Environmental Quality Commission shall include with the notice of intended action required under ORS 183.335 (Notice) (1) a statement of whether the intended action imposes requirements in addition to the applicable federal requirements and, if so, shall include a written explanation of:

(a) The commissions scientific, economic, technological, administrative or other reasons for exceeding applicable federal requirements; and

(b) Any alternatives the commission considered and the reasons that the alternatives were not pursued.

(2) The statement provided by the commission under subsection (1) of this section shall be based upon information available to the commission at the time the commission prepares the written explanation.

(3) Notwithstanding ORS 183.335 (Notice) (3), an opportunity for an oral hearing before the commission regarding the statement specified in subsections (1) and (2) of this section shall be granted only if:

(a) The request for a hearing is received, within 14 days after the commission issues the notice of intended action required under ORS 183.335 (Notice) (1), from 10 persons or from an association having no fewer than 10 members; and

(b) The request describes how the persons or association that made the request will be directly harmed by the adoption, amendment or repeal of a rule under subsection (1) of this section.

(4) If an oral hearing is granted under subsection (3) of this section, the commission shall give notice of the hearing at least 14 days before the hearing to the persons or association requesting the hearing, to any persons who have requested notice pursuant to ORS 183.335 (Notice) (8) and to the persons specified in ORS 183.335 (Notice) (15).

(5) Subsection (3) of this section does not apply if the commission includes with the notice of intended action required under ORS 183.335 (Notice) (1) a notice that an oral hearing will be held before the commission.

(6) The provisions of this section do not apply to temporary rules adopted by the commission under ORS 183.335 (Notice) (5). [2007 c.480 §3]