Or. Admin. Code § 736-051-0050

Current through Register Vol. 63, No. 11, November 1, 2024

Section 736-051-0050 - Arbitration

(1) If the mediation does not yield a result satisfactory to all parties, the disputing parties shall notify the SHPO in writing, and the dispute shall proceed to arbitration.

(2) The SHPO shall notify each of the following of the need to designate one representative to serve on an arbitration panel:

(a) The State Historic Preservation Office;

(b) The Commission on Indian Services;

(c) The Oregon State Museum of Anthropology;

(d) The governing bodies of the federally-recognized Indian tribes;

(e) The Dispute Resolution Commission.

(3) All panel members shall be designated within ten calendar days of receipt of SHPO's notification.

(4) By consensus, the panel shall:

(a) Choose a chair who shall be responsible for scheduling arbitration sessions, notifying all parties with standing in the dispute, and convening the arbitration session; and

(b) Establish the procedural framework for the arbitration.

(5) The issues to be arbitrated are limited to those which could not be resolved by the mediation process.

(6) Any party that declines to participate in the mediation or arbitration process waives its right to approve the permit application, or to set terms, conditions or provisions on the approval of the permit application.

(7) The decision of the arbitration panel may be appealed pursuant to ORS 36.365.

Or. Admin. Code § 736-051-0050

PR 6-1994, f. & cert. ef. 4-22-94; PRD 6-2022, amend filed 11/21/2022, effective 7/1/2023

Statutory/Other Authority: ORS 390.124 & 390.240

Statutes/Other Implemented: ORS 390.240