Or. Admin. R. 635-412-0030 - Fish Passage Protests

(1) A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements.

(2) The owner or operator of the artificial obstruction who objects to a determination made by the Department under these rules may file a protest with the Commission. Protests must be submitted in writing within 30 days of receipt of a written determination from the Department and must include the grounds for protesting the Department's determination.

(3) The Commission may approve, deny, or modify the Department's determination after sufficient opportunity for public review and comment.

(4) If a protest is not filed within 30 days of receipt of a written determination from the Department, the Department's determination shall become a final order.

Notes

Or. Admin. R. 635-412-0030

DFW 23-2003, f. & cert. ef. 3-26-03; DFW 112-2004, f. & cert. ef. 11-17-04

Stat. Auth.: ORS 496.138

Stats. Implemented: ORS 509.585, 509.645