Chapter 791 Oregon Laws 1999

Session Law

AN ACT

SB 804

Relating to administrative procedures; creating new provisions; and amending ORS 536.075.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 536.075 is amended to read:

536.075. (1) Any party affected by [an] a final order [of] other than contested case issued by the Water Resources Commission or Water Resources [Director] Department [issued without a contested case hearing] may appeal the order to the Circuit Court of Marion County or to the circuit court of the county in which all or part of the property affected by the order is situated. The review shall be conducted according to the provisions of ORS 183.484, 183.486, 183.497 and 183.500. A final order other than contested case issued by the Water Resources Commission or the Water Resources Department must state on the first page of the order that the order is a final order other than contested case, that the order is subject to judicial review under ORS 183.484 and that any petition for judicial review of the order must be filed within the time specified by ORS 183.484 (2). Any order other than contested case issued by the Water Resources Commission or by the Water Resources Department that does not comply with the requirements of this section is not a final order.

(2) Any party affected by [an] a final order in a contested case issued [of] by the Water Resources Commission or the Water Resources [Director] Department [issued after a contested case hearing] may appeal the order to the Court of Appeals.

(3) An appeal under subsection (2) of this section shall be conducted as provided in ORS 183.482 except as specifically provided in subsections (4), (5) and (6) of this section.

(4) The petition shall state the facts showing how the petitioner is adversely affected by the order and the ground or grounds upon which the petitioner contends the order should be reversed or remanded.

(5) The filing of a petition in either the circuit court or the Court of Appeals shall stay enforcement of the order of the commission or the [director] department unless the commission or the [director] department determines that substantial public harm will result if the order is stayed. If the commission or the [director] department denies the stay, the denial shall be in writing and shall specifically state the substantial public harm that will result from allowing the stay.

(6) The review by the Court of Appeals under subsection (2) of this section shall be on the entire record forwarded by the commission or [director] department. The court may remand the case for further evidence taking, correction or other necessary action. The court may affirm, reverse, modify or supplement the order appealed from, and make such disposition of the case as the court determines to be appropriate.

(7) The provisions of this section shall not apply to any proceeding under ORS 537.670 to 537.695 or ORS chapter 539.

(8) For the purposes of this section, "final order" and "contested case" have the meanings given those terms in ORS 183.310.

SECTION 2. The amendments to ORS 536.075 by section 1 of this 1999 Act apply only to orders of the Water Resources Commission and Water Resources Department issued on or after the effective date of this 1999 Act.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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