Or. Admin. Code § 635-430-0095
Current through Register Vol. 63, No. 12, December 1, 2024
Section 635-430-0095 - Request for Reconsideration of Enrollment in the Wildlife Habitat Conservation Management Program(1) The Department is willing to reconsider enrolling landowners in the WHCMP if they have been unable to meet required timeframes or compliance issues outlined in OAR 635-430-0080 (2, 5 and 6) because of the following reasons: (a) Tragic personal circumstances including a) death or life-threatening injury or illness in the person's immediate family or b) the person's own serious injury or illness, which results in the person's hospitalization, or(b) The landowner or cooperator demonstrated a good faith effort to resolve compliance issues and they were unsuccessful.(2) To apply for reconsideration of the WHCMP, the person must request in writing to the Department within 60 days after notice of the Department's decision that the landowner was disqualified from the WHCMP. The written request must include a sworn affidavit providing adequate details to support the request and a sworn affidavit by a physician documenting the tragic personal circumstances and/or maps, photographs, and receipts illustrating the landowner or cooperator demonstrated a good faith effort to resolve the compliance issues.(3) The Director or designee shall make a determination within 60 days to either approve or deny the request by letter to the requesting party. If no action is taken within 60 days following the date that the petition was filed, the petition shall be deemed denied.(4) If the Director or their designee decides that the person does not qualify for reconsideration in the WHCMP, the landowner can request a contested case hearing under the provisions of ORS 183.310 to 183.550.Or. Admin. Code § 635-430-0095
DFW 68-2024, adopt filed 08/14/2024, effective 8/14/2024Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430