Chapter 756 — Chapter 756

ORS 756.375 [Formerly 757.070; repealed by 1983 c.40 §1]

0.0K chars

ORS 756.380 [Formerly 757.080; 1995 c.306 §42; renumbered 823.071 in 1995]

0.0K chars

ORS 756.385 [Formerly 757.085; 1995 c.733 §67a; renumbered 823.073 in 1995]

0.0K chars

ORS 756.390 [Formerly 757.090; 1983 c.78 §1; 1995 c.733 §67b; renumbered 823.075 in 1995]

0.0K chars

ORS 756.400 [1971 c.655 §31; repealed by 1983 c.540 §10]

0.0K chars

ORS 756.410 [1971 c.655 §32; 1977 c.253 §1; repealed by 1983 c.540 §10]

0.0K chars

ORS 756.420 [1971 c.655 §33; repealed by 1983 c.540 §10]

0.0K chars

ORS 756.430 [1971 c.655 §34; repealed by 1983 c.540 §10]

0.0K chars

ORS 756.440 [1971 c.655 §35; repealed by 1983 c.540 §10]

0.0K chars

ORS 756.450 Declaratory rulings. 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, remanded or set aside by a court. However, the commission may review the ruling and modify or set it aside if requested by the petitioner or other party to the proceeding. Binding rulings issued under this section are subject to judicial review as orders in the manner provided by ORS 756.610. [1971 c.655 §36; 2005 c.638 §2; 2017 c.312 §2]

0.0K chars

ORS 756.500 Complaint; persons entitled to file; contents; amendments. (1) Any person may file a complaint before the Public Utility Commission, or the commission may, on the commission’s own initiative, file such complaint. The complaint shall be against any person whose business or activities are regulated by some one or more of the statutes, jurisdiction for the enforcement or regulation of which is conferred upon the commission. The person filing the complaint shall be known as the complainant and the person against whom the complaint is filed shall be known as the defendant

1.4K chars

ORS 756.505 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.510 [Amended by 1971 c.655 §40; renumbered 756.518]

0.0K chars

ORS 756.512 Notice of complaint to defendant; responsive pleadings; setting cause for hearing. (1) The Public Utility Commission shall serve a copy of the complaint upon the defendant, and shall give the defendant at least 10 days within which to respond to the complaint. Within the time so fixed, or such further time as the commission shall fix, the defendant shall file an answer to the complaint, taking issue on such parts of the complaint as the defendant desires and setting forth such additional matter as shall be pertinent to the matter in controversy. Such additional matter shall be deemed denied without the filing of any other pleading by the complainant. After the filing of the answer the commission shall set the matter for hearing, giving the defendant at least 10 days’ written notice of the time and place of the hearing, unless the commission for good reason stated in the notice, fixes a shorter time. Amendment of any answer may be permitted by order of the commission

0.3K chars

ORS 756.515 Investigations and hearings on commission’s own motion; hearings for aggrieved persons. (1) Whenever the Public Utility Commission believes that any rate may be unreasonable or unjustly discriminatory, or that any service is unsafe or inadequate, or is not afforded, or that an investigation of any matter relating to any public utility or telecommunications utility or other person should be made, or relating to any person to determine if such person is subject to the commission’s regulatory jurisdiction, the commission may on motion summarily investigate any such matter, with or without notice

2.1K chars

ORS 756.518 Procedures applicable to all matters before commission; oral hearing; rules. (1) Except as otherwise provided the provisions of ORS 756.500 to 756.610 apply to and govern all hearings upon any matter or issue coming before the Public Utility Commission under any statute administered by the commission, whether instituted on the application, petition or complaint of others or initiated by the commission, together with the orders of the commission therein and the review thereof in the courts

0.7K chars

ORS 756.519 [1977 c.424 §2; 1985 c.59 §1; repealed by 1995 c.733 §74]

0.0K chars

ORS 756.520 [Amended by 1971 c.655 §37; renumbered 756.500]

0.0K chars

ORS 756.521 Public hearings; record required; furnishing transcripts. 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 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. [1971 c.655 §41; 2005 c.638 §3]

0.0K chars

ORS 756.525 Parties to proceedings. (1) The Public Utility Commission may permit any person to become a party who might, on the institution of the proceeding, have been such a party, if application therefor is made before the final taking of evidence in the proceeding

0.7K chars

ORS 756.528 Segregation of issues. 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. [1971 c.655 §43; 2005 c.638 §4]

0.0K chars

ORS 756.530 [Amended by 1971 c.655 §38; renumbered 756.512]

0.0K chars

ORS 756.534 Place of hearings; continuation. Except as provided in ORS 756.040 (4), the hearing may be held at any place designated by the Public Utility Commission within this state, or different parts of the hearing may be held at different places in this state, as shall be designated by the commission. The hearing may be continued from time to time and place to place as ordered and fixed by the commission. [Formerly 756.560]

0.0K chars

ORS 756.538 Taking and use of depositions; rules. (1) In any investigation, the Public Utility Commission may take the testimony of any person by deposition upon oral examination or written interrogatories for the purpose of discovery or for use in the investigation

0.8K chars

ORS 756.540 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.543 Issuance of subpoenas; failure to comply. (1) The Public Utility Commission shall issue subpoenas to any party to a proceeding before the commission upon request and proper showing of the general relevance and reasonable scope of the evidence sought. Witnesses appearing pursuant to subpoena, other than the parties or their officers or employees, or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). If the commission certifies that the testimony of a witness was relevant and material, any person who paid fees and mileage to that witness shall be reimbursed by the commission and from moneys referred to in ORS 756.360, subject to the limitations provided in ORS 756.360

0.5K chars

ORS 756.549 Self-incrimination of witnesses in commission proceedings. (1) No person shall be excused from testifying or from producing evidence in any proceeding held by the Public Utility Commission on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to prosecution, penalty or forfeiture if

0.9K chars

ORS 756.550 [Amended by 1957 c.599 §1; 1971 c.655 §50; renumbered 756.558]

0.0K chars

ORS 756.552 Self-incrimination of witnesses in court proceedings. No person shall be excused from testifying or from producing books and papers in any court proceeding based upon or growing out of any violation of the provisions of ORS chapter 756, 757, 758, 759 or 825 or ORS 824.020 to 824.042, 824.050 to 824.110, 824.200 to 824.256 or 824.300 to 824.310 on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter or thing concerning which the person may have testified or produced any documentary evidence. However, no person shall be exempted from prosecution or punishment for perjury while so testifying. The immunity conferred by this section shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. [Formerly 757.590; 1989 c.827 §2]

0.0K chars

ORS 756.555 Powers of commission at hearings. The Public Utility Commission may administer oaths, certify to official acts, issue notices in the name of the commission, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony, and take and receive testimony, conduct hearings and investigations, whether upon complaint or upon the commission’s own motion. [Formerly 757.555]

0.0K chars

ORS 756.558 Taking of evidence; findings; issuance of orders; providing copies of orders. (1) At the conclusion of the taking of evidence, the Public Utility Commission shall declare the taking of evidence concluded. Thereafter no additional evidence shall be received except upon the order of the commission and a reasonable opportunity of the parties to examine any witnesses with reference to the additional evidence and otherwise rebut and meet such additional evidence

0.9K chars

ORS 756.560 [Amended by 1971 c.655 §44; renumbered 756.534]

0.0K chars

ORS 756.561 Rehearing; reconsideration. (1) After an order has been made by the Public Utility Commission in any proceeding, any party thereto may apply for rehearing or reconsideration thereof within 60 days from the date of service of such order. The commission may grant such a rehearing or reconsideration if sufficient reason therefor is made to appear

0.9K chars

ORS 756.565 Prima facie effect of commission actions. 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 756.610. [Formerly 760.575; 2005 c.638 §5]

0.0K chars

ORS 756.568 Rescission, suspension and amendment of orders. The Public Utility Commission may at any time, upon notice to the public utility or telecommunications utility and after opportunity to be heard as provided in ORS 756.500 to 756.610, rescind, suspend or amend any order made by the commission. Copies of the same shall be served and take effect as provided in ORS 756.558 for original orders. [Formerly 757.540; 1973 c.776 §30; 1987 c.447 §92a; 1995 c.733 §70]

0.0K chars

ORS 756.570 [Amended by 1971 c.655 §51; renumbered 756.561]

0.0K chars

ORS 756.572 Effect of orders on successors in interest. (1) An order of the Public Utility Commission issued in accordance with the provisions of ORS chapters 756, 757, 758 and 759 is binding upon the successors in interest of each person affected thereby, until set aside, rescinded, suspended or modified as provided by law

0.5K chars

ORS 756.575 Notice of acceptance of terms of orders. The Public Utility Commission may provide by rule that any public utility or telecommunications utility affected by any order shall within a time to be fixed by the commission, notify the commission whether the terms of the order are accepted and will be obeyed. [1971 c.655 §55; 1973 c.776 §32; 1987 c.447 §94; 1995 c.733 §72]

0.0K chars

ORS 756.580 [Amended by 1971 c.655 §56; repealed by 2005 c.638 §21]

0.0K chars

ORS 756.585 [1971 c.655 §57; repealed by 2005 c.638 §21]

0.0K chars

ORS 756.590 [Amended by 1971 c.655 §58; 1995 c.781 §46; repealed by 2005 c.638 §21]

0.0K chars

ORS 756.594 [1971 c.655 §59; repealed by 2005 c.638 §21]

0.0K chars

ORS 756.598 [1971 c.655 §60; 1979 c.284 §197; repealed by 2005 c.638 §21]

0.0K chars

ORS 756.600 [Amended by 1971 c.655 §61; 2003 c.576 §558; repealed by 2005 c.638 §21]

0.0K chars

ORS 756.610 Judicial review. (1)(a) Except as provided in subsections (2) and (3) of this section, final orders of the Public Utility Commission are subject to judicial review as orders under the provisions of ORS 183.480 to 183.497

1.4K chars

ORS 756.990 Penalties. (1) Any public utility or telecommunications utility that fails to comply with an order or subpoena issued pursuant to ORS 756.090 shall forfeit, for each day it so fails, a sum of not less than $50 nor more than $500

2.0K chars