Or. Admin. R. 736-051-0050 – Arbitration

(1) If the mediation under OAR 736-051-0040 does not yield a result satisfactory to all parties, the disputing parties shall notify the SHPO in writing, and the dispute shall proceed to arbitration.
(2) The SHPO, a member of the arbitration panel, shall notify each of the following of the need to designate one representative to additionally serve on an arbitration panel:
1. (a) The LCIS;
2. (b) State designated curatorial facility;
3. (c) The governing bodies of the most appropriate Indian tribes;
(3) All panel members shall be designated within 10 calendar days of receipt of SHPO’s notification.
(4) By consensus, the panel shall:
1. (a) Choose a chair who shall be responsible for scheduling arbitration sessions, notifying parties with standing in the dispute, and convening the arbitration session; and
2. (b) Establish the procedural framework for the arbitration.
(5) The issues to be arbitrated are limited to those which could not be resolved by the mediation process as provided in ORS 390.240(1)(a)-(b).
(6) Any party that declines to participate in the mediation or arbitration process waives its right to approve the permit application, or to set conditions on the approval of the permit application.

ORS 390.124 & ORS 390.240

ORS 390.240