Or. Admin. Code § 635-005-0325

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

Section 635-005-0325 - Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Bay Clam Dive Permit established pursuant to OAR 635-005-0310, 635-005-0330 and 635-005-0340 is denied may make written request to the Board for review of the denial. The review provided in this section is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(2) The Board shall review a denial of an application for issuance, renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of permit if the Board finds strict adherence to the requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(3) A party must petition for Board review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Bay Clam Dive Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) The bay clam dive fishery requires a $125.00 non-refundable application fee for Board review. However, if the Board grants the applicant's request, the non-refundable fee shall apply toward the permit fee.

Or. Admin. Code § 635-005-0325

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 506.109 & 506.129