Note: This rule applies to all operations for which a
notification is filed under ORS
527.670(6) on
or after January 1, 2024 or a notification filed prior to January 1, 2024 if
the operation is not completed on or before December 31, 2023. Rules that
relate to fish streams apply to an operation, other than an operation on small
forestland, for which a notification is filed on or after July 1, 2023.
(1) As used in OAR
629-672-0100 to
629-672-0310, order of the State
Forester issued under ORS
527.610 to
527.770 means:
(a) An order denying approval of a plan for
an alternate practice (OAR
629-605-0173(3)).
(b) An order to repair damage or correct
unsatisfactory condition (ORS
527.680(2)(b)).
(c) Temporary order to cease further activity
(ORS 527.680(3)).
(d) An order prohibiting new operations (ORS
527.680(5)).
(e) An order denying approval of a
stewardship agreement (ORS
527.662(13)).
(f) An order requiring an operator, timber
owner, or landowner to provide financial assurance pursuant to section 45(6),
chapter 33, Oregon Laws 2022.
(g)
An order that an operator, timber owner or landowner has a history of
significant violations pursuant to section 46(6), chapter 33, Oregon Laws
2022.
(2) Whenever an
order affecting an operator, timber owner or landowner is issued under ORS
527.610 to
527.770, notice of the order
shall be given to the affected party by personal service or certified mail. As
used in this section, 'personal service' means service on the party by any
officer, employee, or agent of the Oregon State Department of Forestry. The
notice shall include:
(a) A reference to the
particular sections of the statute, rule, standard, order or permit
involved;
(b) A short and plain
statement of the matters asserted or charged;
(c) A statement of the person's right to
request a hearing within 30 days from the date of service;
(d) A statement that the notice becomes a
final order unless the person makes a written request for a hearing within 30
days from the date of service or mailing of the notice; and
(e) A statement that the record of the
proceedings to date, including the agency file on the subject of the order
automatically becomes part of the contested case record upon default, for the
purpose of providing a prima facie case.
Notes
Or. Admin. Code
§
629-672-0100
FB 2-1989, f. & cert.
ef. 9-20-89; FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from
629-055-0100; DOF 7-1998, f. 3-31-98, cert. ef. 5-1-98; DOF 3-1999, f. &
cert. ef. 7-13-99; 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;
DOF
5-2022, amend filed 11/09/2022, effective
7/1/2023;
DOF
13-2023, minor correction filed 07/01/2023, effective
7/1/2023
Statutory/Other Authority: ORS
526.016,
526.041 & Section 2(1),
Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS
527.662 &
527.674
