Or. Admin. Code § 629-042-1035 - Certified Burn Manager certificate investigation and revocation procedures

(1) The Forester may investigate any reported or observed dangerous or adverse situations for which a Certified Burn Manager has been alleged to be responsible.

(a) Upon the receipt of an allegation under this rule, the Forester may:

(A) Investigate and prepare a written report; or

(B) Direct that a certified wildfire investigator to investigate, prepare a written report and forward it to the Forester for review and approval.

(b) Upon receipt of the written report required in (1)(a) above, the Forester shall determine as to whether the Certified Burn Manager was responsible for the reported dangerous or adverse situation.

(c) If the Forester determines that the Certified Burn Manager was responsible for a dangerous or adverse situation, the Forester shall determine as to whether the actions of the Certified Burn Manager constitute grounds to revoke the certification of the Certified Burn Manager.

(2) The Forester may revoke a certificate if:

(a) A Certified Burn Manager has submitted false information pertaining to any aspect of the Burn Manager program, such as, but not limited to, the entry of false information into a field certification book submitted to the Forester pursuant to OAR 629-042-1020;

(b) A Certified Burn Manager has been found to have violated ORS 477.515, 477.625, 477.720, 477.740, or OAR 629-043-0026(4);

(c) A Certified Burn Manager fails to comply with the required actions and activities set forth in OAR 629-042-1040; or

(d) A Certified Burn Manager terminated their responsibility for supervision of a prescribed burn in violation of OAR 629-042-1045(2).

(3) The Forester shall provide written notice to the Certified Burn Manager of the intent to revoke a certificate. The Forester may not revoke the certificate until after 30 calendar days from the date of notice.

(4) Certificate revocation review and appeals procedures.

(a) A Certified Burn Manager may request that the Certified Burn Manager Advisory Committee review a decision to revoke a certificate, by submitting a request within 30 calendar days after service of the written notice required by subsection (3) of this rule. Service is completed at the earlier of actual notice or depositing a properly addressed written notice in first class mail or sending an email to an address established by the Certified Burn Manager.

(b) The Certified Burn Manager Advisory Committee shall conduct the requested review at its next scheduled meeting after the receipt of a request for review.

(c) Following completion of the review requested, the Certified Burn Manager Advisory Committee shall either affirm or withdraw the revocation by majority vote.

(d) The Forester or the Certified Burn Manager whose certificate has been revoked may appeal the decision of the Certified Burn Manager Advisory Committee to the Board of Forestry, in the same manner as appeals under ORS 477.260(2).

(e) Any final resolution by the Board of the matter raised under section (4)(d) 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.

(5) An individual who has had their certification revoked is ineligible to apply for another certification for a period of 3 years from the date of revocation unless waived by the committee.

Notes

Or. Admin. Code § 629-042-1035

DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022; DOF 18-2024, amend filed 09/30/2024, effective 10/1/2024

Statutory/Other Authority: ORS 526.360

Statutes/Other Implemented: ORS 526.016 & 526.041