Or. Admin. R. 632-030-0056 - Appeals

Current through Register Vol. 61, No. 4, April 1, 2022

(1) Prior to the initiation of an administrative appeal of any Departmental order, notice, fee, or other action made pursuant to the Act or the rules adopted thereunder, the applicant or permittee may first request that the State Geologist informally review and resolve the matter. The State Geologist will provide a written decision within 30 days of receipt of such an informal request. If the State Geologist is unable to resolve the informal request, the applicant or permittee may request a contested case hearing by the Board or its designee for final resolution of the matter. Appeals must be filed within 30 days of receipt of the order, notice, other action being appealed, or receipt of State Geologist written decision except as otherwise provided by OAR 632-030-0030(4) and by the applicable provisions of ORS 183.310 through 183.550. A final determination by the Board must be made before any appeal for judicial review under 183.480 is allowed.

(2) An applicant or permittee requesting a hearing for consideration of any appeal shall state the reasons for requesting the hearing and the objections to the Department's order, notice, fee, or other action in accordance with ORS 183.430-183.470.

Notes

Or. Admin. R. 632-030-0056

GMI 7, f. 11-7-74, ef. 12-11-74; GMI 1-1980, f. 2-29-80, ef. 3-1-80; GMI 2-1982, f. & ef. 8-13-82; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88; DGMI 1-1999, f. & cert. ef. 1-7-99; DGMI 1-2009, f. & cert. ef. 5-15-09

Stat. Auth.: ORS 516.090(2)(a), 517.740 & 517.840(1)(d)

Stats. Implemented: ORS 517.890