1. (1) Revocation of a Permit to Operate. The department may revoke a permit to operate and may remove an approach:

   1. (a) If there are current or potential safety or operational conditions identified that are verified by an engineering analysis;
   2. (b) If a permittee fails to comply with any terms or conditions of a permit to operate; or
   3. (c) During project delivery for a highway improvement project as set forth in OAR 734-051-5120.
2. (2) Notification of Intent to Remove an Approach. The department shall provide written notification of the intent to remove an approach under section (1) of this rule as required by ORS 374.305, 374.307, and 374.320.
3. (3) Mitigation. The region manager may determine that an approach identified for removal as described in section (1) of this rule may remain open if permittee agrees to comply with mitigation measures and to bear the cost of the mitigation measures.
4. (4) Cost of Removing an Approach. An applicant, permittee, or property owner is responsible for the expense of removing an approach except as set forth in OAR 734-051-5050 and 734-051-5120.
5. (5) Appeals. Removal of a permitted or grandfathered approach is an appealable decision.

Statutory/Other Authority

ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355

Statutes/Other Implemented

ORS 374.300–374.360, §27, ch. 330 & OL 2011

History

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