Or. Admin. R. 141-010-0230 - Permit Review Process

(1) Within ten working days after receipt of a completed application, the Department shall:

(a) Circulate the application for review and comment to:

(A) The Department of Fish and Wildlife;

(B) The Department of Geology and Mineral Industries;

(C) The Department of Land Conservation and Development;

(D) The State Historic Preservation Officer;

(E) Any other state agency the director determines may be affected by the proposed survey.

(b) Provided written notice of the application to:

(A) The governing body of each county within the proposed survey region;

(B) Any person who has requested notice from the director of permit applications;

(C) The general public, by publication once in a newspaper of general circulation in the region proposed for survey.

(2) Comment by state agencies:

(a) Within ten working days after the date an application is circulated by the Department, a state agency may request the Department, to obtain additional information from the applicant. The Department shall forward the request to the applicant and shall forward a copy of the response to the requesting agency;

(b) When additional information is requested, the agency shall have 20 working days after the date the additional information is forwarded by the Department in which to submit written comments and recommendations for permit conditions, if any;

(c) When additional information is not requested, the agency shall have 20 working days after the date the application is circulated in which to submit written comments and recommendations for permit conditions, if any.

(3) Comment by other than state agencies:

(a) Persons other than state agencies shall have 30 days after the date of notice of the application in which to submit written comments to the Department;

(b) Within 15 days of publication of the notice, as required in subsection (1)(b)(C), any person may request a public hearing on the application. A request for hearing shall be submitted to the director, in writing. The director shall have discretion to decide whether a public hearing shall be held. If held, the public hearing shall take place within 15 days of receipt of the written request. The director shall provide appropriate public notice of the hearing.

(4) Within 20 working days from the close of the comment periods provided in section (3) of this rule, the Department shall:

(a) Review the comments;

(b) Take action on the application request; and

(c) Give written notice of the action to the applicant and each state agency and person who has submitted written comments on the application.

(5) Within ten working days of the date of notice of action on the application, the applicant or any aggrieved person may request a hearing from the director:

(a) The request shall be in writing and shall state the specific nature of the objection;

(b) When requested by the applicant, the hearing shall be scheduled within 45 days of the written request;

(c) When requested by a person other than the applicant, the director shall have discretion to decide whether a hearing shall be held. If held, the hearing shall take place within 45 days of receipt of the request. The applicant shall have the opportunity to participate as a party in the hearing;

(d) The hearing shall be conducted as a contested case hearing and shall be subject to the applicable provisions of ORS 183.413 - 183.497;

(e) A final order shall be issued by the director within 20 working days of the close of the hearing record.

Notes

Or. Admin. R. 141-010-0230

LB 7-1986, f. & ef. 7-18-86

Stat. Auth.: ORS 274

Stats. Implemented: ORS 274 .735