71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 884
House Bill 2179
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Public Utility Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Repeals provisions allowing appeal of Public Utility Commission
orders to circuit court. Allows judicial review by Court of
Appeals as provided for orders in contested cases under
Administrative Procedures Act. Makes other technical changes.
Applies to all proceedings before commission, whether commenced
before, on or after effective date of Act, except as specified.
A BILL FOR AN ACT
Relating to Public Utility Commission; creating new provisions;
amending ORS 183.315, 756.450, 756.521, 756.528, 756.565,
756.610, 757.110, 757.495, 758.020, 758.035, 758.425, 758.445,
759.115, 759.390, 759.455, 759.525 and 759.545; and repealing
ORS 756.580, 756.585, 756.590, 756.594, 756.598 and 756.600.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 183.315 is amended to read:
183.315. (1) The provisions of ORS 183.410, 183.415, 183.425,
183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480
do not apply to local government boundary commissions created
pursuant to ORS 199.425 or 199.430, the Department of Revenue,
State Accident Insurance Fund Corporation, Department of Consumer
and Business Services with respect to its functions under ORS
chapters 654 and 656, Psychiatric Security Review Board or State
Board of Parole and Post-Prison Supervision.
(2) ORS 183.310 to 183.550 do not apply with respect to actions
of the Governor authorized under ORS chapter 240.
(3) The provisions of ORS 183.410, 183.415, 183.425, 183.440,
183.450, 183.452, 183.458 and 183.460 do not apply to the
Employment Appeals Board or the Employment Department.
(4) The Employment Department shall be exempt from the
provisions of ORS 183.310 to 183.550 to the extent that a formal
finding of the United States Secretary of Labor is made that such
provision conflicts with the terms of the federal law, acceptance
of which by the state is a condition precedent to continued
certification by the United States Secretary of Labor of the
state's law.
(5) The provisions of ORS 183.415 to 183.430, 183.440 to
183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply
to orders issued to persons who:
(a) Have been committed pursuant to ORS 137.124 to the custody
of the Department of Corrections or are otherwise confined in a
Department of Corrections facility; or
(b) Seek to visit an inmate confined in a Department of
Corrections facility.
(6) ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460
{ - , - } { + and + } 183.470 { - and 183.480 - } do not
apply to the Public Utility Commission. { + Notwithstanding ORS
183.480, and except to the extent provided in ORS 757.495 and
759.390, only a party to a hearing before the Public Utility
Commission is entitled to seek judicial review of an order of the
commission. + }
(7) The provisions of ORS 183.310 to 183.550 do not apply to
the suspension, cancellation or termination of an apprenticeship
or training agreement under ORS 660.060.
SECTION 2. ORS 756.450 is amended to read:
756.450. On petition of any interested person, the Public
Utility Commission may issue a declaratory ruling with respect to
the applicability to any person, property, or state of facts of
any rule or statute enforceable by the commission. A declaratory
ruling is binding between the commission and the petitioner on
the state of facts alleged, unless it is modified,
{ - vacated - } { + remanded + } or set aside by a court.
However, the commission may review the ruling and modify { - ,
vacate - } or set it aside if requested by the petitioner or
other party to the proceeding. Binding rulings provided by this
section are subject to { + judicial + } review { + as orders in
contested cases + } { - in the circuit court in the manner
provided in - } { + under the provisions of + } ORS
{ - 756.580 - } { + 183.480 to 183.497 + } { - for the
review of orders - } .
SECTION 3. ORS 756.521 is amended to read:
756.521. All hearings shall be open to the public and may be
had before the Public Utility Commission, an examiner or any
other person authorized to hold such hearing. A full record
thereof shall be kept. However, it shall not be necessary to
transcribe testimony unless requested. For purposes of rehearing
{ - , - } { + or + } reconsideration { - or court review - }
{ + under ORS 756.561 + }, a transcription shall be made at the
commission's expense, and copies of such transcription shall be
supplied to the parties, at cost. A copy of the transcript shall
be supplied to a party without cost upon the filing with the
commission of a satisfactory affidavit of indigency.
SECTION 4. ORS 756.528 is amended to read:
756.528. At any time before the conclusion of the taking of
evidence in a proceeding, the Public Utility Commission may
segregate the issues involved and order separate hearings thereon
at such times and places as the commission may prescribe.
{ - The commission may issue interim orders on any such issues,
but any such interim order is subject to judicial review in the
manner prescribed in ORS 756.580 to 756.610 without awaiting
determination of any of the other issues involved in the
proceeding. Failure to seek judicial review of an interim order
does not waive the right to seek such review following final
order. - }
SECTION 5. ORS 756.565 is amended to read:
756.565. All rates, tariffs, classifications, regulations,
practices and service fixed, approved or prescribed by the Public
Utility Commission and any order made or entered upon any matter
within the jurisdiction of the commission shall be in force and
shall be prima facie lawful and reasonable, until found otherwise
in a proceeding brought for that purpose under ORS { - 756.580
to 756.610 - } { + 183.480 to 183.497 + }.
SECTION 6. ORS 756.610 is amended to read:
756.610. { - (1) Any party to a suit brought under ORS
756.580, within 30 days after the entry of the judgment or decree
of the circuit court, may appeal to the Court of Appeals. Where
an appeal is taken the cause shall, on the return of the papers
to the Court of Appeals, immediately be placed on the calendar of
the then pending term and shall be assigned and brought to a
hearing in the same manner as other causes on the calendar, but
shall have precedence over civil causes of a different nature
pending in the Court of Appeals. - }
{ - (2) A judgment or decree of the Court of Appeals may be
reviewed in the manner provided in ORS 2.520. - } { + Final
orders of the Public Utility Commission are subject to judicial
review as orders in contested cases under the provisions of ORS
183.480 to 183.497. + }
SECTION 7. ORS 757.110 is amended to read:
757.110. (1) Any finding and order made and entered by the
Public Utility Commission under ORS 757.105 or 757.107 { - , - }
shall have the effect of prohibiting any unapproved or rejected
expenditure from being recognized as an operating expense or
capital expenditure in any rate valuation proceeding or in any
proceeding or hearing unless and until the propriety thereof has
been established to the satisfaction of the commission. Any such
finding and order shall remain in full force and effect, unless
and until it is { - vacated and set aside in a suit brought and
prosecuted as provided in ORS 756.580 to 756.610 or - } modified
or set aside by the commission { + or is set aside, modified or
remanded in a proceeding for judicial review of an order in a
contested case under ORS 183.480 to 183.497 + }.
(2) Nothing in ORS 757.105 or 757.107 prevents the commission
from at any time making and filing orders rejecting imprudent and
unwise expenditures or payments. Such orders when so made shall
be in full force and effect, and the public utility shall not
have the right to make such expenditures or payments found to be
imprudent or unwise until the order has been { - vacated or set
aside in a suit brought and prosecuted as provided in ORS 756.580
to 756.610 or - } modified or set aside by the commission { +
or is set aside, modified or remanded in a proceeding for
judicial review of an order in a contested case under ORS 183.480
to 183.497 + }.
SECTION 8. ORS 757.495 is amended to read:
757.495. (1) When any public utility doing business in this
state enters into any contract to make any payment, directly or
indirectly, to any person or corporation having an affiliated
interest, for service, advice, auditing, accounting, sponsoring,
engineering, managing, operating, financing, legal or other
services, or enter any charges therefor on its books, which shall
be recognized as an operating expense or capital expenditure in
any rate valuation or any other hearing or proceeding, the
contract shall be filed with the Public Utility Commission within
90 days of execution of the contract. The contract shall be
deemed to be executed on the date the parties sign a written
contract or on the date the parties begin to transact business
under the contract, whichever date is earlier.
(2) When any public utility doing business in this state shall
enter into any contract, oral or written, with any person or
corporation having an affiliated interest relating to the
construction, operation, maintenance, leasing or use of the
property of such public utility in Oregon, or the purchase of
property, materials or supplies, which shall be recognized as the
basis of an operating expense or capital expenditure in any rate
valuation or any other hearing or proceeding, the contract shall
be filed with the commission within 90 days of execution of the
contract. The contract shall be deemed to be executed on the date
the parties sign a written contract or on the date the parties
begin to transact business under the contract, whichever date is
earlier.
(3) When any such contract has been submitted to the
commission, the commission promptly shall examine and investigate
it. If, after such investigation, the commission determines that
it is fair and reasonable and not contrary to the public
interest, the commission shall enter findings and order to this
effect and serve a copy thereof upon the public utility,
whereupon any expenses and capital expenditures incurred by the
public utility under the contract may be recognized in any rate
valuation or other hearing or proceeding. If, after such
investigation, the commission determines that the contract is not
fair and reasonable in all its terms and is contrary to the
public interest, the commission shall enter findings and order
accordingly and serve a copy thereof upon the public utility,
and, except as provided in subsection (4) of this section, it
shall be unlawful to recognize the contract for the purposes
specified in this section.
(4) When any such contract has been filed with the commission
within 90 days of execution and the commission has not entered an
order disapproving the contract under subsection (3) of this
section, the commission shall not base its refusal to recognize
any expenses or capital expenditures incurred under the contract
in any rate valuation or other hearing or proceeding solely on
the basis that such contract has not been approved under
subsection (3) of this section.
(5) No public utility shall issue notes or loan its funds or
give credit on its books or otherwise to any person or
corporation having an affiliated interest, either directly or
indirectly, without the approval of the commission.
(6) The action of the commission with respect to all the
matters described in this section when submitted to the
commission, shall be by findings and order to be entered within
90 days after the matter has been submitted to the commission for
consideration, and the findings and order of the commission with
respect to any of such matters shall be and remain in full force
and effect, unless and until set aside { + , modified or remanded
in a proceeding for judicial review of an order in a contested
case under ORS 183.480 to 183.497. + } { - by suit brought and
prosecuted, as provided in ORS 756.580 to 756.610, and - } The
public utility, or any other person or corporation affected by
any such findings and order, may { - bring and prosecute such
suit - } { + seek judicial review under ORS 183.480 to
183.497 + }.
SECTION 9. ORS 758.020 is amended to read:
758.020. (1) The county court, board of county commissioners or
the Department of Transportation, when designating the location
where poles or other aboveground facilities described in ORS
758.010 may be placed on a road or highway which fronts on the
ocean or on a river or other body of water and the water frontage
of the highway is being developed or maintained for its scenic or
recreational value, may require all lines to occupy the opposite
side of the right of way, if such joint occupancy can be
maintained without undue impairment of service or damage to
public life and property.
(2) If the owners of such lines are unable to agree on the
terms and conditions of joint occupancy, such department, court
or board shall request the Public Utility Commission to determine
the practicability of such joint occupancy and the effect thereof
upon adequate and safe service by the prospective joint
occupants, the location of the lines, and, if found to be
practicable, to fix and prescribe the terms and conditions
pursuant to which joint occupancy shall be accomplished. Before
making or entering an order, such commission shall hold a hearing
and make findings in accordance with ORS 756.500 to 756.610
{ - , subject to review as provided in ORS 756.580 to
756.610 - } . { + The order of the commission is subject to
judicial review as an order in a contested case under the
provisions of ORS 183.480 to 183.497. + } In fixing terms and
conditions pursuant to which joint occupancy shall be
accomplished, the Public Utility Commission shall require the
installation by each occupant of standards, devices and equipment
reasonably necessary to protect the equipment of the other
occupants from damage and the public from injury arising from
such joint occupancy.
(3) The right of any public utility or telecommunications
utility to construct, maintain and operate on a public highway
poles or fixtures is contingent on compliance with reasonable
requirements established by the Department of Transportation,
county courts, boards of county commissioners or the Public
Utility Commission under authority of this section and ORS
758.010. Such rights are likewise contingent and conditioned on
all facilities, equipment and installations being constructed and
maintained in strict conformance with modern and approved
standards.
SECTION 10. ORS 758.035 is amended to read:
758.035. (1) Every public utility, telecommunications utility,
person, association or corporation having conduits, subways,
street railway tracks, poles or other equipment on, over or under
any street or highway shall for a reasonable compensation permit
the use of the same by any public utility or telecommunications
utility whenever public convenience or necessity requires such
use and such use will not result in irreparable injury to the
owner or other users of such equipment nor in any substantial
detriment to the service to be rendered by such owners or other
users.
(2) In case of failure to agree upon such use or the conditions
or compensation for such use, any public utility,
telecommunications utility, person, association or corporation
interested may apply to the Public Utility Commission, and if
after investigation the commission ascertains that public
convenience or necessity requires such use and that it would not
result in irreparable injury to the owner or other users of such
equipment, the commission shall by order direct that such use be
permitted and prescribe reasonable conditions and compensation
for such joint use.
(3) The use so ordered shall be permitted and the prescribed
conditions and compensation shall be the lawful conditions and
compensation to be observed, followed and paid { - , subject to
recourse to the courts upon the complaint of any interested party
as provided in ORS 756.580 to 756.610, and such statutes so far
as applicable shall apply to any suit arising on a complaint so
made - } . { + The order of the commission is subject to
judicial review as an order in a contested case under the
provisions of ORS 183.480 to 183.497. + } Any such order of the
commission may be from time to time revised by the commission
upon application of any interested party or upon the commission's
own motion. All public utilities and telecommunications utilities
shall afford all reasonable facilities and make all necessary
regulations for the interchange of business, or traffic carried
or their product between them, when ordered by the commission so
to do.
SECTION 11. ORS 758.425 is amended to read:
758.425. (1) On the basis of the applicant's filing or, if
there is a hearing, on the record made at the hearing held
pursuant to ORS 758.420, the Public Utility Commission shall
enter an order either approving or disapproving the contract as
filed, together with any appropriate findings of the facts
supporting such order.
(2) { - Any party to such contract may commence a suit to
vacate and set aside the commission's order on the ground that
such order is unlawful, and so far as applicable and not
inconsistent herewith, the provisions of ORS 756.580 to 756.610
shall govern such suit. - } { + An order of the commission
under this section is subject to judicial review as an order in a
contested case under the provisions of ORS 183.480 to
183.497. + }
(3) If the commission approves a contract and { - no suit is
filed to vacate or set aside the commission's order as above
provided - } { + a petition for judicial review is not
filed + }, the contract shall be deemed to be valid and
enforceable for all purposes from the date on which the right to
file { - such suit - } { + a petition for judicial review + }
expires. { - If a suit to vacate or set aside the commission's
order is filed, the validity of the contract shall be as
determined by the final judgment therein rendered. - }
SECTION 12. ORS 758.445 is amended to read:
758.445. { - Any party to the hearing may commence a suit to
vacate and set aside the Public Utility Commission's order as
provided in ORS 756.580 to 756.610. If no suit is filed to vacate
or set aside the commission's order - } { + An order of the
Public Utility Commission under ORS 758.440 is subject to
judicial review as an order in a contested case under the
provisions of ORS 183.480 to 183.497. If a petition for judicial
review is not filed + } within the specified time, the order
shall thereafter be valid and enforceable for the purposes herein
specified from the date on which the right to file { - such
suit - } { + a petition for judicial review + } expires.
{ - If a suit to vacate or set aside the commission's order is
filed, the validity of the order shall be determined by the final
judgment therein provided. - }
SECTION 13. ORS 759.115 is amended to read:
759.115. (1) Any finding and order made and entered by the
Public Utility Commission under ORS 759.100 and 759.110 shall
have the effect of prohibiting any unapproved or rejected
expenditure from being recognized as an operating expense or
capital expenditure in any rate valuation proceeding or in any
proceeding or hearing unless and until the propriety thereof has
been established to the satisfaction of the commission. Any such
finding and order shall remain in full force and effect, unless
and until it is { - vacated and set aside in a suit brought and
prosecuted as provided in ORS 756.580 to 756.610 or - } modified
or set aside by the commission { + or set aside, modified or
remanded in a proceeding for judicial review + }.
(2) Nothing in ORS 759.100 and 759.110 prevents the commission
from at any time making and filing orders rejecting imprudent and
unwise expenditures or payments. Such orders when so made shall
be in full force and effect, and the telecommunications utility
shall not have the right to make such expenditures or payments
found to be imprudent or unwise until the order has been
{ - vacated or set aside in a suit brought and prosecuted as
provided in ORS 756.580 to 756.610 or - } modified or set aside
by the commission { + or set aside, modified or remanded in a
proceeding for judicial review. An order of the commission under
this subsection is subject to judicial review as an order in a
contested case under the provisions of ORS 183.480 to
183.497 + }.
SECTION 14. ORS 759.390 is amended to read:
759.390. (1) When any telecommunications utility doing business
in this state enters into any contract to make any payment,
directly or indirectly, to any person or corporation having an
affiliated interest, for service, advice, auditing, accounting,
sponsoring, engineering, managing, operating, financing, legal or
other services, or enter any charges therefor on its books, which
shall be recognized as an operating expense or capital
expenditure in any rate valuation or any other hearing or
proceeding, the contract shall be filed with the Public Utility
Commission within 90 days of execution of the contract. The
contract shall be deemed to be executed on the date the parties
sign a written contract or on the date the parties begin to
transact business under the contract, whichever date is earlier.
(2) When any telecommunications utility doing business in this
state shall enter into any contract, oral or written, with any
person or corporation having an affiliated interest relating to
the construction, operation, maintenance, leasing or use of the
property of such telecommunications utility in Oregon, or the
purchase of property, materials or supplies, which shall be
recognized as the basis of an operating expense or capital
expenditure in any rate valuation or any other hearing or
proceeding, the contract shall be filed with the commission
within 90 days of execution of the contract. The contract shall
be deemed to be executed on the date the parties sign a written
contract or on the date the parties begin to transact business
under the contract, whichever date is earlier.
(3) When any such contract has been submitted to the
commission, the commission promptly shall examine and investigate
it. If, after such investigation, the commission determines that
it is fair and reasonable and not contrary to the public
interest, the commission shall enter findings and order to this
effect and serve a copy thereof upon the telecommunications
utility, whereupon any expenses and capital expenditures incurred
by the telecommunications utility under the contract may be
recognized in any rate valuation or other hearing or proceeding.
If, after such investigation, the commission determines that the
contract is not fair and reasonable in all its terms and is
contrary to the public interest, the commission shall enter
findings and order accordingly and serve a copy thereof upon the
telecommunications utility, and, except as provided in subsection
(4) of this section, it shall be unlawful to recognize the
contract for the purposes specified in this section.
(4) When any such contract has been filed with the commission
within 90 days of execution and the commission has not entered an
order disapproving the contract under subsection (3) of this
section, the commission shall not base its refusal to recognize
any expenses or capital expenditures incurred under the contract
in any rate valuation or other hearing or proceeding solely on
the basis that such contract has not been approved under
subsection (3) of this section.
(5) No telecommunications utility shall issue notes or loan its
funds or give credit on its books or otherwise to any person or
corporation having an affiliated interest, either directly or
indirectly, without the approval of the commission.
(6) The action of the commission with respect to all the
matters described in this section when submitted to the
commission, shall be by findings and order to be entered within
90 days after the matter has been submitted to the commission for
consideration { + . + } { - , and the findings and order of the
commission with respect to any of such matters shall be and
remain in full force and effect, unless and until set aside by
suit brought and prosecuted, as provided in ORS 756.580 to
756.610, and - } The telecommunications utility, or any other
person or corporation affected by any such findings and order,
may { - bring and prosecute such suit - } { + seek judicial
review of the order of the commission. An order of the commission
under this section is subject to judicial review as an order in a
contested case under the provisions of ORS 183.480 to
183.497 + }.
(7) This section applies only to transactions in which the
telecommunications utility's Oregon intrastate expenditure to the
affiliate is more than $100,000.
SECTION 15. ORS 759.525 is amended to read:
759.525. (1) On the basis of the applicant's filing or, if
there is a hearing, on the record made at the hearing held
pursuant to ORS 759.520, the Public Utility Commission shall
enter an order either approving or disapproving the contract as
filed, together with any appropriate findings of the facts
supporting such order.
(2) Any party to such contract may { - commence a suit to
vacate and set aside the commission's order on the ground that
such order is unlawful, and so far as applicable and not
inconsistent herewith, the provisions of ORS 756.580 to 756.610
shall govern such suit - } { + seek judicial review of the
order of the commission. An order of the commission under this
section is subject to judicial review as an order in a contested
case under the provisions of ORS 183.480 to 183.497 + }.
(3) If the commission approves a contract and { - no suit is
filed to vacate or set aside the commission's order as above
provided - } { + a petition for judicial review is not
filed + }, the contract shall be deemed to be valid and
enforceable for all purposes from the date on which the right to
file { - such suit - } { + a petition for judicial review + }
expires. { - If a suit to vacate or set aside the commission's
order is filed, the validity of the contract shall be as
determined by the final judgment therein rendered. - }
SECTION 16. ORS 759.545 is amended to read:
759.545. Any party to the hearing { + under ORS 759.535 + }
{ - may commence a suit to vacate and set aside the Public
Utility Commission's order as provided in ORS 756.580 to 756.610.
If no suit is filed to vacate or set aside the commission's
order - } { + may seek judicial review of the order of the
Public Utility Commission. An order of the commission under this
section is subject to judicial review as an order in a contested
case under the provisions of ORS 183.480 to 183.497. If a
petition for judicial review is not filed + } within the
specified time, the order shall thereafter be valid and
enforceable for the purposes herein specified from the date on
which the right to file { - such suit - } { + a petition for
judicial review + } expires. { - If a suit to vacate or set
aside the Public Utility Commission's order is filed, the
validity of the order shall be determined by the final judgment
therein provided. - }
SECTION 17. ORS 759.455 is amended to read:
759.455. (1) Unless exempt from compliance under section 251(f)
of the federal Telecommunications Act of 1996 (47 U.S.C.
251(f)), a telecommunications utility shall not:
(a) Discriminate against another provider of retail
telecommunications services by unreasonably refusing or delaying
access to the telecommunications utility's local exchange
services.
(b) Discriminate against another provider of retail
telecommunications services by providing access to required
facilities on terms or conditions less favorable than those the
telecommunications utility provides to itself and its affiliates.
A telecommunications facility, feature or function is a required
facility if:
(A) Access to a proprietary facility, feature or function is
necessary; and
(B) Failure to provide access to the facility, feature or
function would impair a telecommunications carrier seeking access
from providing the services the carrier is seeking to provide.
(c) Unreasonably degrade or impair the speed, quality or
efficiency of access or any other service, product or facility
provided to another provider of telecommunications services.
(d) Fail to disclose in a timely and uniform manner, upon
reasonable request and pursuant to a protective agreement
concerning proprietary information, all information reasonably
necessary for the design of network interface equipment, services
or software that will meet the specifications of the
telecommunications utility's local exchange network.
(e) Unreasonably refuse or delay interconnections or provide
inferior interconnections to another provider of
telecommunications services.
(f) Use basic exchange services rates, directly or indirectly,
to subsidize or offset the cost of other products or services
offered by the telecommunications utility.
(g) Discriminate in favor of itself or an affiliate in the
provision and pricing of, or extension of credit for, any
telephone service.
(h) Fail to provide a service, product or facility in
accordance with applicable contracts, and tariffs and rules of
the Public Utility Commission.
(i) Impose unreasonable or discriminatory restrictions on
network elements or the resale of its services, except that:
(A) The telecommunications utility may require that residential
service not be resold as a different class of service; and
(B) The commission may prohibit the resale of services the
commission has approved for provision to a not-for-profit entity
at rates below those offered to the general public.
(j) Provide telephone service to a person acting as a
telecommunications provider if the commission has ordered the
telecommunications utility to discontinue telephone service to
the person.
(2) A complaint alleging a violation of subsection (1) of this
section shall be heard by the Public Utility Commission or, at
the commission's discretion, by an Administrative Law Judge
designated by the commission. A hearing under this subsection
shall be conducted in an expedited manner consistent with the
following:
(a) The complaint shall be served upon the telecommunications
carrier and filed with the commission.
(b) An answer or other responsive pleading to the complaint
shall be filed with the commission not more than 10 days after
receipt of the complaint. Copies of the answer or responsive
pleading shall be served upon the complainant and upon the
commission.
(c) A prehearing conference shall be held not later than 15
days after the complaint is filed. Hearing on the complaint shall
commence not later than 30 days after the complaint is filed.
Within 45 days after the complaint is filed, the commission shall
either prepare a final decision or approve as final the decision
of the Administrative Law Judge. The final decision shall be
issued as an order of the commission in the manner provided under
ORS 756.558.
(3) If the commission or Administrative Law Judge finds that a
violation of this section has occurred, the commission shall,
within five business days, order the telecommunications utility
to remedy the violation within a specified period of time. The
commission may prescribe specific action to be taken by the
utility, including but not limited to submitting a plan for
preventing future violations. If the violation continues beyond
the time period specified in the commission's order, the
commission on its own motion or upon the motion of an interested
party may seek penalties as provided in ORS 759.990 or otherwise
may seek enforcement under ORS 756.160 or 756.180, or both.
(4) Total annual penalties imposed on a telecommunications
utility under this section and ORS 759.450 shall not exceed two
percent of the utility's gross intrastate revenue from the sale
of telecommunications services for the year preceding the year in
which the violation occurred.
(5) { - An appeal from an order of the commission made
pursuant to this section shall be made in the manner provided in
ORS 756.580. - } { + An order of the commission under this
section is subject to judicial review as an order in a contested
case under the provisions of ORS 183.480 to 183.497. + }
(6) The circuit court and, if on appeal from the circuit court,
the Court of Appeals shall give proceedings under this section
priority over all other matters before the court.
SECTION 18. { + (1) The amendments to statutes by sections 1
to 17 of this 2001 Act apply to all proceedings under ORS 756.500
to 756.610, whether commenced before, on or after the effective
date of this 2001 Act, except that the amendments to statutes by
sections 1 to 17 of this 2001 Act do not apply to judicial review
of any findings of fact, conclusions of law or order that become
subject to suit under ORS 756.580 (1999 Edition) before the
effective date of this 2001 Act.
(2) Notwithstanding the repeal of ORS 756.580, 756.585,
756.590, 756.594, 756.598 and 756.600 by section 19 of this 2001
Act, and the amendments to ORS 756.610 by section 6 of this 2001
Act, any findings of fact, conclusions of law or order that
become subject to suit under ORS 756.580 (1999 Edition) before
the effective date of this 2001 Act shall be governed by ORS
756.580 (1999 Edition), 756.585 (1999 Edition), 756.590 (1999
Edition), 756.594 (1999 Edition), 756.598 (1999 Edition), 756.600
(1999 Edition) and 756.610 (1999 Edition). + }
SECTION 19. { + ORS 756.580, 756.585, 756.590, 756.594,
756.598 and 756.600 are repealed. + }
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