Or. Admin. Code § 629-672-0200 - Hearings for Operators, Landowners or Timber Owners
(1) As provided
in ORS 527.700(1), any
operator, timber owner or landowner affected by a finding or order of the State
Forester issued under 527.610 to 527.770 may request a hearing within 30 days
of the issuance of the order. The request for a hearing shall be in writing and
must include a specific statement as to the reasons for disputing the State
Forester's order, including but not limited to disagreement with any findings
leading to the order. In addition, the request for hearing shall state what
relief from the order is sought.
(2) Hearings under this rule shall be
conducted as contested case proceedings under ORS
183.413 to
183.470.
(3) The hearing shall be commenced within 14
days after receipt of the request for hearing and a final order shall be issued
within 28 days of the request for hearing unless all parties agree to an
extension of the time limits.
(4)
An administrative law judge from the Office of Administrative Hearings shall
conduct hearings under ORS
527.700. The administrative law
judge shall conduct the hearing and prepare the record for filing with the
board within five working days of the close of the hearing. Except as provided
in section (5) of this rule, no less than a majority of the board shall then
review and consider the record, hold a meeting or telephone conference, and
issue a final order.
(5) If upon a
determination by the chairperson of the Board of Forestry, the board cannot
complete a final order in the matter within 28 days of the request for a
hearing, the chairperson may delegate the authority to issue a final order to
the administrative law judge as provided in ORS
527.700(2).
(6) Failure of the person requesting the
hearing to appear at the hearing shall be deemed a default and shall result in
a final order being entered upon a prima facie case made on the record of the
agency.
Notes
Statutory/Other Authority: ORS 527
Statutes/Other Implemented: ORS 527.700
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