1. (1) Any person may submit a protest against a proposed amendment order. A protest shall be in writing and include:

   1. (a) The name, address and telephone number of the protestant.
   2. (b) A description of the protestant’s interest in the amendment and, if the protestant claims to represent the public interest, a precise statement of the public interest represented.
   3. (c) A detailed description of how the action proposed in the amendment will be detrimental to the protestant’s interest.
   4. (d) A detailed description of how the amendment is in error or deficient and how to correct the alleged error or deficiency.
   5. (e) Any citation of legal authority supporting the protest, if known.
   6. (f) For persons other than the applicant, the protest fee required under ORS 536.050.
2. (2) Each person submitting a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes judicial review based on that issue.
3. (3) Protests shall be submitted within 45 days after publication of the notice of the amendment in the weekly notice published by the Department.
4. (4) Within 10 days after the close of the filing period established under Section 3 of this rule, the Department shall send a copy of all protests to the applicant, and the protestant(s), if any.

Statutory/Other Authority

ORS 543.092 & 536.027

Statutes/Other Implemented

ORS 543.092 & 543A

History

WRD 2-2001, f. & cert. ef. 3-30-01