Or. Admin. Code § 734-051-3100 - Access Management Dispute Review Board

(1) Dispute Review Board. In addition to requesting a contested case hearing under OAR 734-051-3110 or a post-decision collaborative discussion with the department under OAR 734-051-3090, an applicant or permittee may request review of a department decision or department determination pursuant to 734-015-3020(10)(a) through an access management dispute review board process. The dispute review board process is an optional dispute resolution process that falls outside the 120-day timeline in OAR 734-051-3040(4).

(2) Dispute Review Board Members. The department shall appoint an access management dispute review board consisting of any or all of the following in subsections (a) through (d) below:

(a) The director, or a designee of the director who is familiar with the location in which the disputed approach is located;

(b) A representative of the local jurisdiction in which the disputed approach is located;

(c) A traffic engineer who practices engineering in Oregon; and

(d) A representative from the economic or business sector.

(3) Procedure. The dispute review board review shall be conducted as follows:

(a) The access management dispute review board shall consider information presented by the parties;

(b) The applicant or permittee and the department may present new information to the dispute review board, if the new information has been shared with the other party in advance of the scheduled meeting and the party receiving the new information has a reasonable amount of time to prepare a response; and

(c) The dispute review board shall notify the applicant or permittee and the director of its findings regarding the department's original decision or its recommendations pursuant to OAR 734-051-3020(10)(a).

(d) The dispute review board review shall be conducted not more than forty-five (45) days from the date of applicant's request, unless the department and applicant or permittee agree to an extension.

(4) Settlement Offer. The director shall review the access management dispute review board's findings and recommendation and may accept, modify or reverse the department's original decision or determinations pursuant to OAR 734-051-3020(10)(a) in making a settlement offer. The director shall notify the applicant or permit holder in writing of the department's settlement offer.

(5) Rejection of Settlement Offer. Where an applicant rejects a settlement offer with respect to a determination pursuant to OAR 734-051-3020(10)(a), the department will issue a final decision pursuant to 734-51-3020(10)(b). In all other cases, if the applicant rejects the settlement offer, the applicant or permit holder is entitled to file a request for a contested case hearing of the original decision within 21days of the issuance of the settlement offer.

Notes

Or. Admin. Code § 734-051-3100

HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12; HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12

Stat. Auth.: ORS 184.616, 184.619, 374.310-374.314, 374.345 & 374.35

Stats. Implemented: ORS 374.300-374.360, §27, ch. 330, OL 2011