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Home My WebLink About2026-84-Ordinance No. 2026-008 Recorded 3/24/2026REVIEWED �4LEGAL COUNSEL Recorded in Deschutes County CJ2026 -84 Steve Dennison, County Clerk 03/24/2026 4:23:30 PM Comrnissioners' Journal 202E-84 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Adopting Chapter 2.35, Contested Case Procedures, to Title 2 of the Deschutes County * ORDINANCE NO. 2026-008 Code. WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through ordinance by Deschutes County and the Deschutes County Board of Commissioners; and WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the DCC; and WHEREAS, staff from the Health Department have identified a need to adopt DCC 2.35 to provide contested case procedures and an administrative hearing process to facilitate enforcement of public health violations; and WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly noticed public hearing on March 18, 2026, and determined that DCC 2.35 should be adopted; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADOPTION. DCC 2.35 is adopted to read as described in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. EMERGENCY. An emergency is declared, and this Ordinance takes effect on March 18, 2026. PAGE 1 OF 2 - ORDINANCE NO.2026-008 T\--- I �Dated this of MkrVk, 2026 ATTEST: t icy ` Recording Secretary Date of 1st Reading: Date of 2nd Reading Commissioner Patti Adair Phil Chang Anthony DeBone Effective date: March 18, 2026. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHIL CHANG, C air NTHONY �DeBONE, Vice air P,&,- W-�u A(2�- - PAT I ADAIR, Commissioner Yes No Record of Adoption Vote Abstained Excused PAGE 2 OF 2 - ORDINANCE NO.2026-008 EXHIBIT A (To Ordinance #2026-008) CHAPTER 2 35 CONTESTED CASE PROCEDURES 2 35 010 Purpose; Statutory Authority 2 35 020 Contested Case Procedures 2 35 030 Civil Penalties 2 35 010 Purpose; Statutory Authority The purpose of DCC 2.35 is to implement an administrative hearing process, compliant with applicable provisions in ORS Chp. 183 and OAR Chp. 333-157, to facilitate enforcement of public health violations, including those identified in ORS Chp.624, ORS Chp. 448, and ORS Chp. 446. This chapter shall be known as the Deschutes County Contested Case Procedures Code and may be referred to herein as "this chapter." HISTORY Adopted by Ord. 2026-008 §1 on 3/18/2026 2 35 020 Contested Case Procedures A. Any operator of a facility or water system licensed by the County alleged to be in violation of applicable provisions of ORS Chp. 624, ORS Chp. 448, or ORS Chp. 446 and against whom Deschutes County Public Health seeks to impose civil penalties, may request an administrative hearing pursuant to this chapter. B. "Hearings Officer" means the person designed by the County to preside over administrative hearings conducted pursuant to this chapter. The person so designated may not have any direct personal or financial interest in the contested matter. C. For purposes of this section, "Operator of a Licensed Facility or System" means: 1. Each person entitled as of right to a hearing before the Board; 2. Each person named by the County to be the owner or operator of a licensed facility or system; or 3. Any person or entity requesting to participate in the administrative hearing as a party or in a limited party status and the County determines either has an interest in the outcome of the County's administrative hearing or represents a public interest in such result. D. Filing Request for Administrative Hearing. The operator of the licensed facility or system must file and the County must receive a written (hard copy, not fax or electronic) Request for Administrative Hearing no later than twenty-one (21) days after receipt of the County's Notice of Intent to: deny, revoke, or suspend a license, or to levy civil penalties due to operation of a facility or drinking water system without required permit and inspections. If the twenty-first day falls on a Saturday, Sunday or legal holiday, the deadline shall be extended to the next regular business day. The Notice of Intent shall be deemed received no later than three (3) days after issuance of same. E. Parties may elect to be represented by counsel and to respond and present evidence and argument on all issues involved. F. Unless precluded by law, informal disposition may be made of any case by stipulation, agreed settlement, consent order, default or written agreement. G. The assigned Hearings Officer shalt place on the record a statement of the substance of any written or oral ex parte communications, if any, on a fact in issue made to the Hearings Officer during the pendency of the proceeding and notify the parties of the communication and of their right to rebut such communications. H. The record in support of a decision shall be made at the time set for hearing or any extension thereof approved by the Hearings Officer. Testimony may be given without oath or affirmation. Cross-examination of witnesses by parties shall not be allowed. Provided however, the Hearings Officer may question any witness appearing before him/her. A verbatim oral, written or mechanical record shall be made of all motions, rulings and testimony. The Hearings Officer shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the Hearings Officer. The record need not be transcribed unless requested for purposes of court review. The party requesting transcription shall pay the cost thereof. Evidence in contested cases. In contested cases: 1. Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shalt not preclude action on the record if shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. The Hearings Officer shalt give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. 2. All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in paragraph (4) of this subsection, no N other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a case rests on the proponent of the fact or position. 3. Every party shall have the right to submit rebuttal evidence. 4. The Hearings Officer may take notice of judicially cognizable facts. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and they shalt be afforded an opportunity to contest the facts so noticed. 5. Cross-examination of witnesses is not allowed, however, questions may be tendered to the Hearings Officer who may then direct all or some of such questions to a witness. Costs. The Hearings Officer may allocate the County's costs for the hearing between the operator of the licensed facility or system and the County. The allocation shall be based upon facts found by the Hearings Officer and stated in the Hearing Officer's decision that, in the Hearings Officer's opinion, warrant such allocation of costs. If the Hearings Officer does not allocate costs, the costs shall be paid in full by the operator of the licensed facility or system. K. The Hearings Officer shall issue a written, proposed final order, including findings of fact, conclusions of law, and imposition of civil penalty, if any, and furnish a copy thereof on all parties. The proposed order shall become final no later than seven (7) days following the date of the proposed order, unless the Hearings Officer within that period issues an amended order. HISTORY Adopted by Ord. 2026-008 §1 on 3/18/2026 2.35.030 Civil Penalties The Hearings Officer is authorized to impose civil penalties as allowed by ORS Chp. 183 and OAR Chp. 333. HISTORY Adopted by Ord. 2026-008 §1 on 3/18/2026 3 �vIES CO G BOARD OF COMMISSIONERS MEETING DATE: March 18, 2026 SUBJECT: Public Hearing: Ordinance No. 2026-008, adopting Chapter 2.35 to Title 2 of the Deschutes County Code RECOMMENDED ACTIONS: Open the public hearing; receive testimony; close the public hearing; deliberate. 1. Move first and second reading, by title only, of Ordinance No. 2026-008, adopting Chapter 2.35 to Title 2 of the Deschutes County Code. 2. Move emergency adoption of Ordinance No. 2026-008 to take effect immediately. BACKGROUND AND POLICY IMPLICATIONS: Applicable provisions in State law authorize the Oregon Health Authority to enter into interlocal agreements (IGAs) with local governments providing for licensing, inspection and enforcement of State public and environmental health laws. ORS and OHA's IGA with Deschutes County obligate the County to have an administrative hearings process. The County has relied on provisions in DCC 2.37 to meet this requirement, however, DCC 2.37 is specific to contracting and procurement and is not a good fit for contested public and environmental health hearings. The proposed section 2.35 will provide a clear and compliant process for processing contested matters. BUDGET IMPACTS: None ATTENDANCE: Health staff Lega I