Or. Admin. Code § 632-030-0056

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

Section 632-030-0056 - Appeals

(1) Prior to the initiation of an administrative appeal of any proposed Departmental order, notice, fee, or other proposed action made pursuant to the Act or the rules adopted thereunder, the applicant or permittee may first request that the State Geologist informally review and resolve the matter. The State Geologist will provide a written decision within 30 days of receipt of such an informal request. If the State Geologist is unable to resolve the informal request, the applicant or permittee may request a contested case hearing by the Board or its designee for final resolution of the matter. Appeals must be filed within 30 days of receipt of the proposed order, notice, other proposed action being appealed, or receipt of State Geologist written decision except as otherwise provided by OAR 632-030-0030(4) and by the applicable provisions of 183.310 through 183.550. A final determination by the Board must be made before any appeal for judicial review under ORS 183.480 is allowed.

(2) An applicant or permittee requesting a hearing for consideration of any appeal of any proposed action shall state the reasons for requesting the hearing and the objections to the Department's proposed order, notice, fee, or other proposed action in accordance with ORS 183.430-183.470.

(3) The Department may suspend operations effective immediately in accordance with ORS 517.880 by issuing a suspension order. A suspension order shall be issued as a final order in other than a contested case subject to judicial review under ORS 183.484.

Or. Admin. Code § 632-030-0056

GMI 7, f. 11-7-74, ef. 12-11-74; GMI 1-1980, f. 2-29-80, ef. 3-1-80; GMI 2-1982, f. & ef. 8-13-82; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88; DGMI 1-1999, f. & cert. ef. 1-7-99; DGMI 1-2009, f. & cert. ef. 5-15-09; DGMI 1-2024, amend filed 03/20/2024, effective 4/1/2024

Statutory/Other Authority: ORS 516.090(2)(a), 517.740, 517.840(4) & 517.880

Statutes/Other Implemented: ORS 517.890