- (1) Any MCE that receives a notice of proposed action may request a contested case hearing pursuant to ORS 183.411 through 183.500.
- (2) The MCE may request a hearing by submitting a written request within 20 days of the date of the notice of proposed action.
(3) Prior to the hearing, the MCE shall meet with the Authority for an informal conference:
- (a) The informal conference may be used to negotiate a written settlement agreement;
- (b) If the settlement agreement includes a reduction or waiver of penalties, the agreement must be approved and signed by the Director of the Authority.
- (4) Except as provided in section (5) of this rule, if the case proceeds to a hearing, the administrative law judge shall issue a proposed order with respect to the notice of proposed action. The Authority shall issue a final order.
- (5) Nothing in this section shall preclude the Authority and the MCE from agreeing to informal disposition of the contested case at any time.
Statutory/Other Authority
ORS 413.042 & 414.025
Statutes/Other Implemented
ORS 414.065 & 2017 HB 2391
History
DMAP 56-2019, adopt filed 12/17/2019, effective 01/01/2020