Oregon Bulletin
April 1, 2011
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Rules Repealed: 629-001-0015(T), 629-001-0020(T), 629-041-0035(T)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.
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