Or. Admin. Code § 734-064-0070 - Request for Reconsideration upon Completion of Highway Project

(1) Notwithstanding ORS Chapter 183 and the rules in this division, an OAS owner may request reconsideration of the Department's notice of determination of Partial Loss or no impact within 60 days of the Department's mailing of a notice of the completion of the Highway Project to the OAS owner.

(2) Completion of the Highway Project under these rules shall be the date of the Department's issuance of a Third Notice following construction. The Department shall mail a notice of the completion of Highway Project to all OAS owners in the Highway Project area.

(3) In order to qualify for reconsideration under this rule, an OAS owner's request for reconsideration:

(a) Must be in writing and received by the Region Right of Way Manager within 60 days of the mailing of the notice of completion of the Highway Project to the OAS owner; and

(b) Must establish that the Highway Project, as constructed, substantially impacted visibility of the OAS within 500 feet of the OAS, and that these impacts were not considered in the Department's earlier notice of decision of Partial Loss or no impact.

(4) The Department shall issue an order on whether the OAS Owner has met the requirements for reconsideration within 60 days. If the request for reconsideration is granted, the Department will re-initiate the process of determining Partial or Total Loss, relocation or providing Compensation for the OAS, as appropriate. If the request for reconsideration is denied, an OAS Owner may request a contested case hearing according to ORS 183 within 30 days of the mailing of the Department's denial. The contested case hearing on a denial shall be limited to determining whether the request for reconsideration meets the requirements of subsection 3 of this rule.

Notes

Or. Admin. Code § 734-064-0070

HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019

Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759

Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756