ORS 469.564 Records or information for enforcement; correction of violation; determination of compliance; costs

The Director of the State Department of Energy or the Energy Facility Siting Council may obtain from any persons all records or information needed to carry out and enforce ORS 469.525, 469.550 (3) and 469.607. In obtaining records or information under this subsection, the director or the council, with the written consent of the Governor, may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, may administer oaths and may cause the depositions of persons residing within or without Oregon to be taken in the manner prescribed for depositions in civil actions in circuit courts.

The director or the council may require a person to take actions as necessary to correct a past or ongoing violation of ORS 469.525, 469.550 (3) or 469.607 or to ensure future compliance with ORS 469.525, 469.550 (3) or 469.607 or rules adopted for the purposes of carrying out ORS 469.525, 469.550 (3) or 469.607. The director or the council shall coordinate with the Department of Environmental Quality prior to ordering any actions under this subsection.

At any reasonable time, an employee of or a duly authorized and identified representative of the State Department of Energy may enter upon, inspect and obtain samples from any public or private property, premises or place for the purpose of determining compliance with ORS 469.525, 469.550 (3) or 469.607 or rules adopted for the purposes of carrying out ORS 469.525, 469.550 (3) or 469.607.

If a person refuses to comply with this subsection, the department or a duly authorized and identified representative of the department may obtain a warrant or subpoena to allow the entry, inspection or sampling authorized by this subsection.

A person found by the director or the council to be in violation of ORS 469.525 shall reimburse the department for all necessary, just and reasonable costs incurred by the department in the investigation of the violation. Department costs may include:

Legal expenses;

Expenses incurred in obtaining and inspecting records, information or samples under subsections (1) to (3) of this section; and

Expenses incurred in issuing any final order or notice of violation.

Upon request, the department shall provide a detailed justification for all costs charged to a person under this subsection.

If a dispute arises regarding the necessity or reasonableness of expenses charged to a person under this subsection, the person may seek judicial review of the amount of expenses charged in circuit court as provided in ORS 183.480, 183.484, 183.490 and 183.500. If the person establishes that any of the charges are unnecessary or unreasonable, the department shall refund the amount found to be unnecessary or unreasonable. The person may not waive the right to judicial review by paying the portion of the fee or expense in dispute.