2013 ORS § 823.033¹
Investigations and orders on departments 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 departments 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 departments motion, provide notice to the motor carrier, railroad or other person of the departments 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]