1. (1) An applicant for an authorization, or any other person adversely affected by a decision by the Department under these rules may appeal the decision to the Director.

   1. (a) Such an appeal must be received by the Director no later than 30 calendar days after the delivery of the decision.
   2. (b) The Director will decide the appeal within 60 calendar days after the date of delivery of the appeal.
   3. (c) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal.
2. (2) When an applicant for an authorization to use state-owned submerged and submersible land or any other person adversely affected by a decision of the Department concerning an authorization has exhausted the appeal process before the Director, they may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470.

Statutory/Other Authority

ORS 183, 273 & 274

Statutes/Other Implemented

ORS 274

History

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14