1. (1) The director may issue a proposed order approving, approving with conditions or denying a plat application. The director may grant or deny an application no later than the 90th day from after the date of publication of the notice referred to in OAR 603-082-0030(2). The 90 day time period may be extended for a reasonable period of time at the request of the applicant and approval of the department.

2. (2) The proposed order shall include or be accompanied by the following:

   1. (a) A caption with the name of the department, the name of the claimant and a case number if used;
   2. (b) A statement describing the purpose and effect of the proposed order, and the factual and legal basis for it, including citation to the statutes and rules relied upon;

   3. (c) A statement of the claimant's right to challenge the proposed order by requesting a hearing, and that the request must meet the following requirements:

      1. (A) A request for hearing must identify the matter appealed by the claimant's name, the date of the proposed order and the department's case number, if any;
      2. (B) A request for a hearing must explain how the claimant considers the proposed order to be legally or factually incorrect.
      3. (C) To be timely, a request for a hearing must be received by the department by the close of business on the 30th day after the date of the proposed order.

   4. (d) A statement of additional rights and risks of the claimant, including at least the following:

      1. (A) A statement informing the claimant that if a request for hearing is not received by the department by the established date, the claimant will have waived the right to a hearing and the proposed order will be final.
      2. (B) A hearing in response to a request will be limited to the issues raised in the request;
      3. (C) The claimant has the right to be represented by an attorney, but if the claimant is an agency, a corporation or an unincorporated association, the claimant must be represented by an attorney.
   5. (e) How to get more information and the department staff member and address or facsimile number to which a request for hearing must be sent.
   6. (f) A hearing shall be conducted pursuant to ORS 183.415 et seq.
3. (3) Upon final approval of a plat, a boundary survey shall be prepared and submitted to the department before a Grant Certificate is issued. A professional surveyor licensed in Oregon shall conduct the survey.
4. (4) The boundary corners of existing and new plats shall be plainly and distinctly marked out by a means that does not obstruct navigation.

Statutory/Other Authority

ORS 561.190 & 622.320

Statutes/Other Implemented

ORS 622.250

History

DOA 11-2003, f. & cert. ef. 2-27-03