Or. Admin. R. 629-165-0300 - Evidence of Necessity

When payment is claimed from the fund for emergency fire suppression costs incurred on a fire where an owner, operator or other person has an obligation to pay those costs pursuant to ORS 477.068, 477.085 or 477.120, the district warden must provide evidence to the administrator supporting the necessity of advancing payment, pending ultimate resolution. Evidence which may be acceptable to the administrator must include, but is not limited to:

(1) A statement signed by the district warden stating the entity responsible for fire suppression costs has refused to accept responsibility or is unable to pay fire costs;

(2) A notification to the administrator that fire cost recovery proceedings have been initiated against an owner, operator or other person that has an obligation to pay fire suppression costs;

(3) A statement from an authorized State Forester's staff member or by an assistant attorney general that fire suppression costs are deemed uncollectible. This statement must include the reason for the decision; or

(4) A statement by a district warden that recovery of fire costs appears to be assured, but delays in the recovery process will make it necessary to support the district's financial resources until costs can be processed, the responsible party is billed and payment is received.

Notes

Or. Admin. R. 629-165-0300

FB 21, f. 9-25-69, Renumbered from 629-044-0115; FB 1-1995, f. & cert. ef. 1-12-95; Renumbered from 629-061-0015 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14

Stat. Auth.: ORS 321, 477 & 477.770

Stats. Implemented: ORS 183.335, 183.341, 477.440 - 477.460& 477.750 - 477.775