1. (1) OAR 137-003-0535 does not apply to requests to participate as parties or limited parties in contested case proceedings governed by this rule.
2. (2) Any person who supports the proposed final order may file a request for party status for the purpose of participating in any contested case proceeding on the proposed final order or for judicial review of a final order resulting from the proposed final order.
3. (3) Party status requests must be filed within 30 days after the deadline for filing a protest.
4. (4) Party status requests are considered filed only when actually received by the Department.

5. (5) The request for party status must be in writing and must include:

   1. (a) Names, addresses, and electronic mail addresses (if any) of the requestor and of any organization the requestor represents;
   2. (b) Name, address, and electronic mail address of the requestor’s attorney, if any;
   3. (c) A statement of whether the request is for participation as a party or a limited party, and, if as a limited party, the precise area or areas in which participation is sought;
   4. (d) If the requestor seeks to protect a personal interest in the outcome of the agency's proceeding, a detailed statement of the requestor's interest, economic or otherwise, and how such interest may be affected by the results of the proceeding;
   5. (e) If the requestor seeks to represent a public interest in the results of the proceeding, a detailed statement of such public interest, the manner in which such public interest will be affected by the results of the proceeding, and the requestor’s qualifications to represent such public interest;
   6. (f) A statement of the reasons why existing parties to the proceeding cannot adequately represent the interest identified in subsection (4)(d) or (e) of this rule.
   7. (g) The fees described in ORS 536.060(1)(n) and (o).
6. (6) A person may file a request for party status by electronic mail to the electronic mail address provided for submission of protests in the notice of agency action or proposed agency action. While submittal of documents by electronic mail is preferred, until the Department has an electronic payment system, payments of fees will need to be received by the Department in the mail or in person prior to the deadline. For entities that conduct frequent transactions with the Department, payment may be made through withdrawal of funds from an established customer holding account. Nothing in this section obligates the Department to establish new holding accounts or to continue to provide holding accounts.
7. (7) The Department shall serve a copy of the request on each party by electronic mail, or, if a party does not have an electronic mail address, personally or by mail. Each party shall have seven calendar days from the date of personal or electronic mail service or agency mailing to file a response to the request.
8. (8) The Department shall rule on requests for party status within 60 days of the deadline for submitting party status requests. The Department’s ruling on a request for party status shall be by written order and served promptly on the requestor, all parties, and, if the matter has been referred at the time the request is received, the Office of Administrative Hearings. If the request is allowed, the agency shall also provide the requestor with the notice of rights required by ORS 183.413(2) or request the administrative law judge to do so.

9. (9) In ruling on requests to participate as a party or a limited party, the agency shall consider:

   1. (a) Whether the requestor has demonstrated a personal or public interest that could reasonably be affected by the outcome of the proceeding;
   2. (b) Whether any such affected interest is within the scope of the agency's jurisdiction and within the scope of the notice of contested case hearing;
   3. (c) When a public interest is alleged, the qualifications of the requestor to represent that interest; and
   4. (d) The extent to which the requestor’s interest will be represented by existing parties.
10. (10) The Department may treat a request to participate as a party as if it were a request to participate as a limited party.
11. (11) If the Department grants a request, the agency shall specify areas of participation and procedural limitations as it deems appropriate.
12. (12) If the Department does not grant the request, the agency shall refund the fees described in ORS 536.050 (1) (o), pursuant to Or Laws 2025, ch 575, section 3a(6).

Statutory/Other Authority

Or Laws 2025, ch 575, section 3a

Statutes/Other Implemented

Or Laws 2025, ch 575, section 3a

History

WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026