Or. Admin. R. 345-015-0083 - Prehearing Conference and Prehearing Order

(1) The hearing officer may cancel or reschedule any previously noticed prehearing conference.

(2) The hearing officer may conduct one or more prehearing conferences for the purposes and in the manner described in OAR 137-003-0035. At the conclusion of the conferences, the hearing officer must issue a prehearing order stating the issues to be addressed in the contested case hearing and, in a contested case on an application for a site certificate, limiting parties to those issues they raised on the record of the public hearing described in OAR 345-015-0220. The hearing officer may not receive evidence or hear legal argument on issues not identified in the prehearing order.

(3) Failure to raise an issue in the prehearing conferences for the contested case hearing on an application for a site certificate constitutes a waiver of that issue.

Notes

Or. Admin. R. 345-015-0083

EFSC 1-1993, f. & cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 5-2017, amend filed 10/24/2017, effective 10/24/2017; EFSC 9-2019, temporary amend filed 08/22/2019, effective 8/22/2019 through 2/17/2020; EFSC 1-2020, amend filed 01/28/2020, effective 1/28/2020

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 183.415, 469.370, 469.405, 469.440, 469.605, 469.615 & 469.992