Consolidated contested case hearing
- • judicial review
- • stay of permit
(1) The applicant or any person who appeared before a permitting agency at the consolidated public hearing under ORS 517.981 (Draft permit and permit conditions), either orally or in writing, regarding a permit granted or denied by the permitting agency may file with the State Geologist a written request for a consolidated contested case hearing. The request shall be filed within 30 days after the date the permit was granted or denied.
(2) Upon receipt of a request under subsection (1) of this section, the State Department of Geology and Mineral Industries shall schedule a consolidated contested case hearing which shall be held not less than 60 days or more than 75 days after the notice of permit issuance under ORS 517.982 (Final permits). The hearing shall be conducted in accordance with the provisions applicable to contested case proceedings under ORS chapter 183. Any permit granted by a permitting agency shall be suspended until completion of the administrative hearings process.
(3) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings).
(4) The administrative law judge shall prepare a proposed order for each contested permit. A party may file written exceptions to the proposed order with the permitting agency. If the permitting agency determines that additional information may be included in the record, the agency shall remand the order to the appropriate administrative law judge for further consideration. After receiving exceptions and hearing argument on the exceptions, the governing body or person within the permitting agency responsible for making a final decision on a permit may adopt the proposed order or issue a new order.
(5) Jurisdiction for judicial review of a permitting agency’s issuance or denial of a permit is conferred upon the Supreme Court. Proceedings for review shall be instituted by filing a petition in the Supreme Court. The petition shall be filed within 60 days following the date the permit is issued or denied. If the permit with prescribed conditions is approved, the filing of the petition for review shall stay the permit during the pendency of judicial review for a period of up to six months from the date the petition for review is filed. The Supreme Court may extend the stay beyond the six-month period upon written request and a showing by the petitioner that the activities under the permit could result in irreparable harm to the site. Except as otherwise provided in this subsection, the review by the Supreme Court shall be as provided in ORS 183.482 (Jurisdiction for review of contested cases). The Supreme Court shall give priority on its docket to such a petition for review.
(6) When only the applicant files a petition for judicial review, the six-month stay imposed under subsection (5) of this section may be removed by the permitting agency upon written request within 60 days after the filing of the petition and a showing by the applicant to support a finding by the permitting agency that proceeding with any or all activities under the permit will not result in irreparable harm to the site. In making such findings the permitting agency may require an additional bond or alternative security to be filed with the State Department of Geology and Mineral Industries as provided in ORS 517.987 (Reclamation bond or security). The bond shall be in an amount the permitting agency determines necessary to assure complete restoration of the site if the petitioner elects not to complete the project following judicial review. Agency denial of the request to remove the stay is subject to review by the Supreme Court under such rules as the Supreme Court may establish. [1991 c.735 §21; 1999 c.849 §§104a,104c; 2003 c.75 §44]
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