(1) In a contested case proceeding, the hearing officer may take official notice of the following:
- (a) All facts of which the courts of the State of Oregon may take judicial notice;
- (b) Administrative rulings and reports of the Energy Facility Siting Council and other governmental agencies;
- (c) Facts contained in permits and licenses issued by the Council or any other government agency;
- (d) The factual results of the hearing officer's or the Council's personal inspection of physical conditions involved in the contested case; and
- (e) General, technical, or scientific facts within the specialized knowledge of the Council or the Department of Energy.
- (2) The hearing officer shall notify parties of facts officially noticed and shall allow parties an opportunity to contest the facts so noticed.
Statutory/Other Authority
ORS 469.470 & ORS 469.370(5)
Statutes/Other Implemented
ORS 183.415, ORS 469.370, ORS 469.605, ORS 469.405, ORS 469.440, ORS 469.615 & ORS 469.992
History
EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024