Or. Admin. R. 629-041-0035 - Appeals and Hearings Before the State Board of Forestry
(1) Any request of
an owner of grazing land or timberland to appeal a forest protection district
budget to the State Board of Forestry under ORS
477.260(1) must
be made in writing, to the State Forester, and must be received within 30 days
after the date of the public budget meeting for the forest protection
district.
(2) In the written appeal
in section (1) of this rule, the owner must specifically state the issues with
the proposed forest protection district budget and the remedy sought.
(3) Upon receipt of a written appeal of a
proposed forest protection district budget, the forester shall:
(a) Inform the owner/appellant of the time
and place the board will discuss and decide final approval of the district
protection budget, pursuant to ORS
477.265;
(b) Ensure all written materials provided by
the owner/appellant are distributed to board members for their
consideration;
(c) Inform the
owner/appellant whether there will be an opportunity for further oral or
written comment to the board before its decision; and
(d) Inform the president of the appropriate
forest protective association and the chair of the appropriate advisory budget
committee appointed under ORS
477.240 about the budget appeal,
the time and place the board will discuss and decide final approval of the
district protection budget, and whether there will be an opportunity for
further oral or written comment to the board before its decision.
(4) A written request by an owner
of grazing land or timberland subject to ORS
477.205 to
477.281 for a hearing before the
State Board of Forestry under
477.260(2) must
be received by the State Forester within 30 days of the date of a written
notice, including but not limited to notice of proposed assessment for forest
protection under 477.250(2), to
which the person wants to comment or within 30 days of the date of an activity
of the forester or board affecting the land.
(5) Upon receipt of a written request for
hearing under section (4) of this rule, the forester shall:
(a) Contact the owner to schedule a time and
place that the forester and owner may further review the matter, if the owner
so desires;
(b) In the event the
matter is not satisfactorily resolved, in the judgment of the owner, through
the informal review in subsection (a) of this section, the forester shall:
(A) Prepare a report for the board describing
the issue and proposing final resolution of the matter; and
(B) Inform the owner of the time and place
the board will meet to discuss the matter, and the opportunity for the owner to
provide input.
(6) Any final resolution by the board of the
matter raised under section (4) of this rule shall be prepared as a final
order, and any further appeal of the board's final action shall be as
prescribed by ORS 183.484.
(7) Notwithstanding sections (5) and (6) of
this rule, the forester may determine that a request for hearing under section
(4) of this rule constitutes a contested case under ORS Chapter 183. In that
event, a contested case hearing process will be followed and OAR 629-001-0005 to 629-001-0055 shall apply.
(8)
Any other matters of forestland fire protection of a more general nature may be
addressed to the board at any time the board schedules public comment at any of
its meetings, in the manner and time prescribed by the chairperson of the
board.
Notes
Stat. Auth.: ORS 183 & 526
Stats. Implemented: ORS 477.260 & 477.291
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