ORS 583.425¹
Administrative proceedings and orders

(1) Except as provided by subsection (2) of this section, the provisions of ORS chapter 183 apply to ORS 583.001 (Short title), 583.004 (Use of fees in enforcement of chapter), 583.021 (Exemption of certain producer-handlers), 583.028 (Application of audit, pooling, equalization and quota provisions) and 583.410 (Purpose) to 583.565 (Effect of termination of chapter), to rules promulgated thereunder and to the appeal of any person aggrieved thereby. Before any order is promulgated, the State Department of Agriculture shall hold at least one public hearing. All hearings shall be public hearings, and testimony shall be given under oath.

(2) Notwithstanding ORS chapter 183, and except as otherwise provided in ORS 583.001 (Short title), 583.004 (Use of fees in enforcement of chapter), 583.021 (Exemption of certain producer-handlers), 583.028 (Application of audit, pooling, equalization and quota provisions) and 583.410 (Purpose) to 583.565 (Effect of termination of chapter), a public hearing may be instituted only by:

(a) The department on its own motion;

(b) A petition filed with the department and signed by at least 10 percent of the producers qualified to sign petitions as provided by ORS 583.480 (Qualifications to sign petition or vote in referendum) to 583.490 (Conduct of referendum); or

(c) A petition filed with the department and signed by at least 50 percent of the handlers in the applicable market area.

(3) All guideposts and standards and the provisions of this chapter may be taken into consideration in the promulgation of any order. [1963 c.442 §3; 1977 c.307 §4; 2007 c.71 §180]

1 Legislative Counsel Committee, CHAPTER 583—Milk Marketing, Production and Distribution, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors583.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information