Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate to fish streams apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.

1. (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 ORS 527.610 to 527.770 and 527.992 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. (2) Hearings under this rule shall be conducted as contested case proceedings under ORS 183.413 to 183.470.
3. (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. (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. (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. (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.

Statutory/Other Authority

ORS 527 & Section 2(1), Chapter 33, Oregon Laws 2022

Statutes/Other Implemented

ORS 527.700

History

DOF 5-2022, amend filed 11/09/2022, effective 07/01/2023
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0110
FB 2-1989, f. & cert. ef. 9-20-89