Oregon Administrative Rules
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE
Section 141-090-0050 - Request for Reconsideration, Contested Case, and Appeal

Universal Citation: OR Admin Rules 141-090-0050

Current through Register Vol. 63, No. 9, September 1, 2024

(1) A JD by the Department may be reconsidered upon written request to the Department by the landowner, agent, or applicant with landowner approval within six months of the date of the JD (date the letter or form was signed by the Department). The request for reconsideration initiates an informal review process.

(2) New information may be provided by the applicant, landowner, agent or the Department, or may be requested by the Department, as part of the reconsideration process.

(3) A reconsideration may result in a modified JD or in the reaffirmation of the original JD.

(4) In the event that the landowner, agent, or applicant with landowner permission disagrees with the reconsideration decision, the applicant, landowner or agent may:

(a) Request a contested case proceeding pursuant to ORS 183.413 through 183.470 by submitting a written request so that it is received by the Department within 21 calendar days of the reconsideration decision; or

(b) Request an appeal by submitting a written request so that it is received by the Department within 21 calendar days of the reconsideration decision. The appeal option is available only when the disagreement is over a wetland determination or delineation that has been the subject of reconsideration decision by the Department. The appeal option is not available for ordinary high water line or highest measured tide determinations and does not involve a review of whether the wetland or other water is subject to state regulation.
(A) The Director shall decide the appeal within 60 calendar days after the date of delivery of the appeal.

(B) The Director may affirm the reconsideration decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal.

(C) When an applicant has exhausted the appeal process before the Director, they may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470.

Statutory/Other Authority: ORS 196.845 & 196.692

Statutes/Other Implemented: ORS 196.800 - 196.990, 196.600 - 196.665, 196.668 - 196.692 & 197.279

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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