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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 1

PROCEDURAL RULES

734-001-0003

Public Hearing for New State Highway Route or Corridor

The Oregon Transportation Commission, pursuant to ORS 366.215, may, 30 days or more after a public hearing covering the selection of any new State Highway route or corridor, which said hearing shall be publicly advertised in newspapers of general circulation not less than three weeks in advance of such hearing, adopt said route or corridor at any Transportation Commission meeting. Interested persons may submit data, views or arguments concerning any proposed route or corridor to the Region Office of the Department of Transportation within ten days following any public hearing.

Stat. Auth.: ORS 366
Stats. Implemented: ORS 366.215
Hist.: HC 1267, f. 12-6-71; HWY 4-1990, f. & cert. ef. 3-8-90

Procedures for Land Acquisition

734-001-0025

Relocation Appeal Procedures for Land Acquisition

(1) Within 60 days of a final determination granting or denying eligibility for a Relocation payment, or of an amount of payment under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and any regulations adopted thereunder, any person dissatisfied with such determination may file a "request for appeal" upon forms provided by the Department of Transportation.

(2) The Relocation appeal process and hearing concerning the determination of eligibility or amount of payment shall be conducted as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.310 to 183.550.

(3) Optional Reconsideration Conference. Within 60 days of a final determination granting or denying eligibility for a Relocation payment or of an amount of payment under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970 (P.L. 91-946) and any regulations adopted thereunder, a person dissatisfied with such final determination may petition for a “reconsideration conference” upon forms provided by the Department of Transportation. A reconsideration conference is an optional process, which must be agreed to by both the claimant and the Department of Transportation, that occurs prior to the formal appeal process identified in (1) and (2) and is an opportunity for a claimant to provide additional relevant information that was not considered by the department or to correct factual errors and for the department to reconsider the claim with the new or corrected information. The time period to file a request for an appeal pursuant to subsection (1) of this rule shall be stayed from the date of request for a reconsideration conference until ODOT either issues a decision to decline the request for a reconsideration conference or until ODOT issues a determination after the reconsideration conference. If the claimant is dissatisfied with the revised final determination, the claimant may file an appeal pursuant to (1) above.

Stat. Auth.: ORS 366
Stats. Implemented: ORS 366.324 & PL 91-646 (Federal Law)
Hist.: 2HD 2-1982, f. & ef. 7-20-82; HWD 2-2008, f. & cert. ef. 4-24-08

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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