(1) Except as provided by subsection (2) of this section, the provisions of ORS chapter 183 apply to ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to 583.565, to rules promulgated thereunder and to the appeal of any person aggrieved thereby. Before any order is promulgated, the State Department of Agriculture shall hold at least one public hearing. All hearings shall be public hearings, and testimony shall be given under oath.
(2) Notwithstanding ORS chapter 183, and except as otherwise provided in ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to 583.565, a public hearing may be instituted only by:
(a) The department on its own motion;
(b) A petition filed with the department and signed by at least 10 percent of the producers qualified to sign petitions as provided by ORS 583.480 to 583.490; or
(c) A petition filed with the department and signed by at least 50 percent of the handlers in the applicable market area.
(3) All guideposts and standards and the provisions of this chapter may be taken into consideration in the promulgation of any order. [1963 c.442 §3; 1977 c.307 §4; 2007 c.71 §180]
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