Oregon Administrative Rules
Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Division 30 - ENFORCEMENT
Section 350-030-0030 - Notice of Alleged Violation
Universal Citation: OR Admin Rules 350-030-0030
Current through Register Vol. 63, No. 3, March 1, 2024
(1) If the violation is not de minimis, the Director shall serve written notice of violation on the alleged violator by personal service or by registered or certified mail. The notice shall include:
(a) A plain statement describing the alleged
violation;
(b) The provision of
P.L.
99-663, the management plan, the land use
ordinance, the implementation measure or the order alleged to have been
violated;
(c) The legal and common
description of the subject property;
(d) The proposed disposition of the matter
through either 350-30-050 through 350-30-060 or 350-30-070 including the
recommended penalty to be imposed (if any) and the criteria from 350-30-090
upon which the penalty is based;
(e) A statement that the alleged violator
shall file an answer within 14 days after receipt of the notice of
violation;
(f) A copy of 350-30-040
which prescribes how to file an answer; and
(g) A statement that if resolution is not
reached through 350-30-050 through 350-30-060 the Commission will consider the
alleged violation at a contested case hearing which may result in the entry of
a final order imposing a civil penalty based upon a prima facie case made on
the record, whether or not the alleged violator participates.
(2) Service shall be deemed complete three days after written notice is mailed to:
(a) The alleged violator; or
(b) Any person designated by law as competent
to receive service of a summons or notice for the alleged violator.
(3) Notice sent by registered or certified mail to a person at the last known address of the person is presumed to have reached the person within three days after mailing.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
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