- (1) Any person directly affected may request a hearing to contest, in part or in total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, decisions related to a request to review the assessment of the Hazardous Substance Possession Fee, or an application for exemption from all or part of the reporting requirements of the Community Right-to-Know and Protection Act and its administrative rules.
(2) Any person directly affected may participate in the appeals process which includes, but is not limited to:
- (a) An informal conference to discuss, consider and determine if there is a basis for informal disposition of an appeal by stipulation, agreed settlement, consent order, default or other means; or
- (b) A formal hearing before a hearings officer where the laws, rules and evidence are presented and considered and a proposed opinion and order is issued.
- (3) The appeals process shall comply with the requirements of the Administrative Procedures Act (APA), ORS Chapter 183, unless specifically addressed in these rules.
Statutory/Other Authority
ORS 453.367
Statutes/Other Implemented
ORS 435.357
History
OSFM 5-2019, minor correction filed 05/10/2019, effective 05/10/2019
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
FM 1-1994, f. & cert. ef. 1-14-94