Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
Forester may investigate any reported or observed dangerous or adverse
situations for which a Certified Burn Manager has been alleged to be
responsible.
(a) Upon the receipt of an
allegation under this rule, the Forester may:
(A) Investigate and prepare a written report;
or
(B) Direct that a certified
wildfire investigator to investigate, prepare a written report and forward it
to the Forester for review and approval.
(b) Upon receipt of the written report
required in (1)(a) above, the Forester shall determine as to whether the
Certified Burn Manager was responsible for the reported dangerous or adverse
situation.
(c) If the Forester
determines that the Certified Burn Manager was responsible for a dangerous or
adverse situation, the Forester shall determine as to whether the actions of
the Certified Burn Manager constitute grounds to revoke the certification of
the Certified Burn Manager.
(2) The Forester may revoke a certificate if:
(a) A Certified Burn Manager has submitted
false information pertaining to any aspect of the Burn Manager program, such
as, but not limited to, the entry of false information into a certification
book submitted to the Forester pursuant to OAR 629-042-1020;
(b) A Certified Burn Manager has been found
to have violated ORS 477.515,
477.625,
477.720,
477.740, or OAR
629-043-0026(4);
(c) A Certified
Burn Manager fails to comply with the required actions and activities set forth
in OAR 629-042-1040; or
(d) A
Certified Burn Manager terminated their responsibility for supervision of a
prescribed burn in violation of OAR 629-042-1045(2).
(3) The Forester shall provide written notice
to the Certified Burn Manager of the intent to revoke a certificate. The
Forester may not revoke the certificate until after 30 calendar days from the
date of notice.
(4) Certificate
revocation review and appeals procedures.
(a)
A Certified Burn Manager may request that the Certified Burn Manager Advisory
Committee review a decision to revoke a certificate, by submitting a request
within 30 calendar days after service of the written notice required by
subsection (3) of this rule. Service is completed at the earlier of actual
notice or depositing a properly addressed written notice in first class mail or
sending an email to an address established by the Certified Burn
Manager.
(b) The Certified Burn
Manager Advisory Committee shall conduct the requested review at its next
scheduled meeting after the receipt of a request for review.
(c) Following completion of the review
requested, the Certified Burn Manager Advisory Committee shall either affirm or
withdraw the revocation by majority vote.
(d) The Forester or the Certified Burn
Manager whose certificate has been revoked may appeal the decision of the
Certified Burn Manager Advisory Committee to the Board of Forestry, in the same
manner as appeals under ORS
477.260(2).
(e) Any final resolution by the Board of the
matter raised under section (4)(d) 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.
(5) An individual who has had their
certification revoked is ineligible to apply for another certification for a
period of 3 years from the date of revocation unless waived by the
committee.
Statutory/Other Authority: ORS
526.360
Statutes/Other Implemented: ORS
526.016 &
526.041
