Or. Admin. Code § 736-040-0005

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

Section 736-040-0005 - Rules for Conducting Hearings on Scenic Waterways Regulations

The Commission hereby adopts and promulgates rules and procedures governing hearings on regulations for the management of related adjacent land within scenic waterways as provided in ORS 390.845(2):

(1) The Parks and Recreation Commission hereby delegates to the State Parks and Recreation Director, or his designated representative, the duty of arranging and conducting auditory public hearings, if such are requested, under the provisions of ORS 390.845(2).

(2) The Department shall fully record and transcribe any public rulemaking hearing held pursuant to ORS chapter 183, and the Department will receive and properly mark all exhibits, documents or other statements introduced or received at the hearing. The record of the hearing shall include exhibits, documents or other statements the Commission receives within ten days after the hearing.

(3) The Department rules coordinator shall file in the Commission's records a full copy of the transcript of the hearing as well as a copy of all exhibits, documents or other statements received at the hearing. The Commission will consider the transcript, including exhibits, documents or other statements, in preparing Scenic Waterways rules and regulations.

(4) The procedure under which any hearing will be conducted is as follows:

(a) The comments and exhibits to be received at this hearing will be limited to whether the rules and regulations proposed by the State Parks and Recreation Department are reasonable;

(b) The Department will explain the limits and intent of the proposed rules and regulations;

(c) Except for questions that may be asked by the hearing officer there will be no direct questions to or cross-examination of any individual who is making a statement or introducing exhibits;

(d) Following opening statements by representatives of the Department, the hearing will be open to anyone in attendance who wishes to make a statement or introduce exhibits either for or against the proposed rules and regulations. The hearing officer will recognize anyone in attendance for this purpose;

(e) The hearing will be continued with such recesses as are necessary, as determined by the hearing officer, until all persons wishing to make a statement or introduce exhibits have had an opportunity to do so.

Or. Admin. Code § 736-040-0005

HC 1252, f. 5-13-71, ef. 5-12-71; PR 15-1992, f. & cert. ef. 11-12-92; PRD 6-2008, f. & cert. ef. 5-15-08

Stat. Auth.: ORS 183.545, 183.550 & 390.805 - 390.925

Stats. Implemented: ORS 390.124 & 390.845