ORS 823.033
Investigations and orders on department’s own motion

  • request for hearing by aggrieved party

(1)

Whenever the Department of Transportation believes that any rate subject to regulation by the department may be unreasonable or unjustly discriminatory, or that any service subject to regulation by the department is unsafe or inadequate, or is not afforded, or that an investigation of any matter relating to any motor carrier, railroad or other person should be made, or relating to any person to determine if such person is subject to the department’s regulatory jurisdiction, the department may on its own motion summarily investigate any such matter, with or without notice.

(2)

The department may, after making an investigation on the department’s motion, provide notice to the motor carrier, railroad or other person of the department’s proposed action or may, without notice or hearing, make such findings and orders as the department deems justified or required by the results of such investigation.

(3)

Any party aggrieved by a notice of proposed action or by an order entered pursuant to subsection (2) of this section may request the department to hold a hearing pursuant to ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner).

(4)

An order issued under this section prior to a hearing shall be stayed pending the outcome of the hearing unless the department finds that the order is necessary to protect the public health, safety or environment. [1995 c.733 §37; 1997 c.275 §10]

Source: Section 823.033 — Investigations and orders on department’s own motion; request for hearing by aggrieved party, https://www.­oregonlegislature.­gov/bills_laws/ors/ors823.­html.

823.005
Definitions for ORS chapters 823 to 826 823.007
Employee statements of pecuniary interests in motor carriers 823.009
General powers of department regarding motor carriers and railroads 823.011
Authority to adopt rules 823.012
Suspension of laws during emergency 823.013
Validity of rules, orders, acts and regulations of department 823.015
Service of notice or other legal process 823.021
Investigating management of carriers 823.023
Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment 823.025
Maintaining and producing records 823.027
Duty to furnish information to department 823.029
Failure to furnish requested information 823.031
Investigating complaints against carriers 823.033
Investigations and orders on department’s own motion 823.035
Representation by non-attorney 823.037
Declaratory rulings 823.051
Interference with department equipment 823.061
Applicability of hazardous material safety regulations 823.063
Notice and opportunity to correct hazardous material violations 823.071
Definitions for ORS 823.073 and 823.075 823.073
Common carrier not to abandon agencies or withdraw agent without approval of department 823.075
Petitioning department for authority to abandon agency or withdraw agent 823.081
Enforcement of laws relating to carriers 823.083
Enjoining violation of carrier laws 823.085
Liability for damages to injured person 823.087
Effect of carrier laws on common law and other statutory rights of action, duties and liabilities 823.101
Duty of carrier to issue bill of lading on intrastate shipments 823.103
Limitations on carrier’s power to set time for filing of claim or starting action 823.105
Prohibitions 823.107
Existing remedies not affected 823.991
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 823.033’s source at oregon​.gov