Or. Admin. Code § 629-670-0125 - Using the Written Statement of Unsatisfactory Condition for Noncompliance with Procedural Rules

(1) Some forest practice rules deal with administrative procedures rather than resource protection. Rules requiring notification, written plans and plans for an alternate practice are examples of procedural rules which, if not complied with, may or may not result in resource damage.

(2) Compliance with these procedural rules is essential if the Oregon Forest Practices Act program is to succeed in educating forest landowners and operators, preventing resource damage before it occurs, and fulfilling its legal obligations to keep other agencies and interested citizens informed about planned operation activities.

(3) The board's intent is that violations of procedural rules should result in the issuance of a citation in most instances. However, the State Forester has the option of using the written statement of unsatisfactory condition, described in OAR 629-670-0110, as the enforcement action when the State Forester determines the following conditions exist:

(a) Resource damage from failure to comply with the procedural rule did not, and will not, occur;

(b) The written statement of unsatisfactory condition will result in immediate compliance with the procedural rule and will be adequate to educate the operator about the rule that was not complied with and to favorably modify the operator's future behavior;

(c) The operator had no prior knowledge or only general knowledge of the Oregon Forest Practices Act and rules and has not had significant past experience with the practice in question, or the operator has had significant past experience with the practice, but the violation was inadvertent or accidental;

(d) The rule violation did not result in a greater economic benefit for the operator than if the operator had complied with the procedural rule; and

(e) Noncompliance with the procedural rule has not denied a person an opportunity to receive a copy of a notification or written plan under ORS 527.670(9) before the operation began, if that person has previously requested copies for the purpose of commenting on the operation.

(4) If the operator or landowner reports to the State Forester an unsatisfactory condition that meets the requirements in section (3) of this rule, the State Forester may issue a written statement of unsatisfactory condition.

Notes

Or. Admin. Code § 629-670-0125

DOF 7-2002, f. & cert. ef. 7-1-02; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06

Stat. Auth.: ORS 527.710, 526.016(4), 527.714 & 527.715

Stats. Implemented: ORS 527.674, 527.680, 527.683, 527.685, 527.990; 183.310 - 183.550