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Oregon Bulletin

April 1, 2011

 

Department of Forestry
Chapter 629

Rule Caption: Appeal and Hearings Under ORS 477.260.

Adm. Order No.: DOF 2-2011

Filed with Sec. of State: 3-14-2011

Certified to be Effective: 3-15-11

Notice Publication Date: 12-1-2010

Rules Amended: 629-001-0015, 629-001-0020, 629-041-0035

Rules Repealed: 629-001-0015(T), 629-001-0020(T), 629-041-0035(T)

Subject: Rules requiring that hearings and appeals under ORS 477.260 be conducted as contested case hearings in all cases are being deleted. A less rigid and more direct process for resolving disputes is substituted that allows the forestland owner access to the Board of Forestry’s final decision-making in the majority of cases anticipated to occur under Chapter 477. Cases that require contested case proceedings under the Administrative Procedures Act will continue to follow that process.

Rules Coordinator: Sabrina Perez—(503) 945-7210

629-001-0015

Rules of Procedure for Contested Cases; Applicability

The rules of procedure in this Division, OAR 629-001-0010 to 629-001-0055, apply to all contested cases before the board and State Forester, unless otherwise provided by law, and are in addition to the procedural requirements of the Attorney General’s Model Rules adopted in 629-001-0005. Contested cases covered by these rules include, but are not limited to the following:

(1) Appeal of civil penalties assessed under ORS 527.687;

(2) Appeal of “any finding or order” under ORS 527.610 through 527.770 and 527.992;

(3) Hearings requested by persons adversely affected or aggrieved by an operation requiring a written plan under ORS 527.700(3) through (9);

(4) Appeal of temporary orders to cease further activity under ORS 527.680(3) and 527.680(4);

(5) Appeal of repair orders issued under ORS 527.680(2)(b) and 527.690(1);

(6) Appeal of orders prohibiting new operations under ORS 527.680(5);

(7) Appeal by any person adversely affected by operations to be conducted under an approved or amended stewardship agreement under ORS 527.662;

(8) Review of State Forester’s proposal to conduct repair work at state expense under ORS 527.690(2); and

(9) Appeals of decisions on land exchanges under OAR 629-033-0055.

Stat. Auth.: ORS 526.016(4), 527.687(3) & 527.715

Stats. Implemented: ORS 183.310 - 183.550

Hist.: DOF 5-2002, f. & cert. ef. 7-1-02; DOF 2-2004, f. & cert. ef. 2-10-04; DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11; DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11

629-001-0020

Requesting Hearings

(1) All requests for hearing shall be made in writing, within the time period provided by statute or rule.

(2) All requests shall specifically state the issues to be addressed and the relief sought.

(3) Requests for hearing involving civil penalties shall comply with OAR 629-670-0310.

(4) Requests for hearing involving a finding or order of the State Forester issued under ORS 527.610 to 527.770 shall comply with OAR 629-672-0200.

(5) Requests for hearing by persons adversely affected or aggrieved by an operation approved under ORS 527.670(3) shall comply with OAR 629-672-0210.

(6) Requests for hearing by persons adversely affected or aggrieved by a proposed or amended stewardship agreement shall comply with ORS 527.662(12).

(7) Requests for hearing involving land exchanges shall comply with OAR 629-033-0055.

Stat. Auth.: ORS 526.016(4), 527.687(3) & 527.715

Stats. Implemented: ORS 183.310 - 183.550

Hist.: DOF 5-2002, f. & cert. ef. 7-1-02; DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11; DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11

629-041-0035

Appeals and Hearings Before the State Board of Forestry

(1) Any request of an owner of grazing land or timberland to appeal a forest protection district budget to the State Board of Forestry under ORS 477.260(1) must be made in writing, to the State Forester, and must be received within 30 days after the date of the public budget meeting for the forest protection district.

(2) In the written appeal in section (1) of this rule, the owner must specifically state the issues with the proposed forest protection district budget and the remedy sought.

(3) Upon receipt of a written appeal of a proposed forest protection district budget, the forester shall:

(a) Inform the owner/appellant of the time and place the board will discuss and decide final approval of the district protection budget, pursuant to ORS 477.265;

(b) Ensure all written materials provided by the owner/appellant are distributed to board members for their consideration;

(c) Inform the owner/appellant whether there will be an opportunity for further oral or written comment to the board before its decision; and

(d) Inform the president of the appropriate forest protective association and the chair of the appropriate advisory budget committee appointed under ORS 477.240 about the budget appeal, the time and place the board will discuss and decide final approval of the district protection budget, and whether there will be an opportunity for further oral or written comment to the board before its decision.

(4) A written request by an owner of grazing land or timberland subject to ORS 477.205 to 477.281 for a hearing before the State Board of Forestry under 477.260(2) must be received by the State Forester within 30 days of the date of a written notice, including but not limited to notice of proposed assessment for forest protection under 477.250(2), to which the person wants to comment or within 30 days of the date of an activity of the forester or board affecting the land.

(5) Upon receipt of a written request for hearing under section (4) of this rule, the forester shall:

(a) Contact the owner to schedule a time and place that the forester and owner may further review the matter, if the owner so desires;

(b) In the event the matter is not satisfactorily resolved, in the judgment of the owner, through the informal review in subsection (a) of this section, the forester shall:

(A) Prepare a report for the board describing the issue and proposing final resolution of the matter; and

(B) Inform the owner of the time and place the board will meet to discuss the matter, and the opportunity for the owner to provide input.

(6) Any final resolution by the board of the matter raised under section (4) of this rule shall be prepared as a final order, and any further appeal of the board’s final action shall be as prescribed by ORS 183.484.

(7) Notwithstanding sections (5) and (6) of this rule, the forester may determine that a request for hearing under section (4) of this rule constitutes a contested case under ORS Chapter 183. In that event, a contested case hearing process will be followed and OAR 629-001-0005 to 629-001-0055 shall apply.

(8) Any other matters of forestland fire protection of a more general nature may be addressed to the board at any time the board schedules public comment at any of its meetings, in the manner and time prescribed by the chairperson of the board.

Stat. Auth.: ORS 183 & 526

Stats. Implemented: ORS 477.260 & 477.291

Hist.: DOF 8-1998, f. & cert. ef. 6-3-98; DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11; DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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