Or. Admin. Code § 629-033-0055

Current through Register Vol. 63, No. 12, December 1, 2024

Section 629-033-0055 - Appeal of Board Approval

(1) As used in this section, "Aggrieved Party" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character who:

(a) Is adversely affected by a Board decision to approve a land transaction as provided under 629-033-0025(4) above; and

(b) Provided timely written comments on the proposed transaction to the State Forester or the Board prior to the Board's final approval of the transaction, explaining why the transaction fails to comply with these rules.

(2) Final approval by the Board of all land transactions shall be given at one of the Board's regularly scheduled Public Meetings as outlined in 629-033-0025(4) above. Notice of the Request for Approval shall be published as part of the Agenda prepared for the Board prior to a regularly scheduled meeting. The Board shall not consider additional testimony or comments during a regularly scheduled meeting for land acquisition or exchange transactions on the agenda for consideration.

(3) A written request for hearing may be filed by an aggrieved party with the State Forester no later than twenty calendar days after the public meeting at which Board approval of a land transaction was given. The request shall include:

(a) A copy of the comments or testimony provided at the public hearing expressly on the party's behalf, pertaining to the transaction; and

(b) A statement that describes how the party will be adversely affected by the transaction.

(4) Once a written request for a hearing has been made under subsection (3) of this section, the State Forester will postpone execution of any deeds that would consummate the transaction until issuance of a final order.

(5) Requests for hearing which meet the requirements of this rule shall be heard in proceedings conducted as contested case hearings under ORS 183.413 to 183.470 and applicable Board rules on contested case procedures. In the event more than one party requests a hearing on a transaction, the requests shall be consolidated into a single proceeding. Issues for hearing shall be limited to those raised by the party in the timely filed comments at the public hearing. The hearing officer shall issue a proposed order unless the Board delegates authority to issue a final order to the hearing officer. Appeals of final orders under this section shall be as provided in ORS 183.482.

Or. Admin. Code § 629-033-0055

DOC 5-2001, f. & cert. ef. 9-14-01

Stat. Auth.: ORS 526.016(4) & ORS 526.041

Stats. Implemented: ORS 530.010 & ORS 530.040