Current through Register Vol. 63, No. 9, September 1, 2024
(1) The State
Forester is authorized to issue temporary orders pertaining to a stay of
operations under ORS 527.700(8).
(2) Any person entitled to a hearing under
OAR
629-672-0210 may apply to the State Forester for a stay of the operation pending a hearing
on the matter. The request for a stay shall include:
(a) The name, address and telephone number of
the person filing the request, identifying that person as a petitioner; and the
names, addresses and telephone numbers of each of the other parties to the
proceedings, identifying those parties' roles in the proceedings. When any
party is represented by an attorney in the proceeding, then the name, address
and telephone number of the attorney shall be provided and the address and
telephone number of the party may be omitted;
(b) Identification of the operation for which
the stay is requested;
(c) A
statement of facts and reasons sufficient to show that the stay request should
be granted because:
(A) Commencement or
continuation of the operation will constitute a violation of the rules of the
board;
(B) The person requesting
the stay will suffer irreparable injury if the stay is not granted;
(C) The person requesting the stay has met
the requirements of ORS 527.700(3), (4) and (5); and
(D) Granting the stay will not result in
substantial public harm.
(d) A statement identifying any potential
injury to the other parties in the matter if the stay is granted. If the
purposes of the stay can be achieved with limitations or conditions that
minimize or eliminate possible injury to other persons, petitioner shall
propose such limitations or conditions. Petitioner shall propose an amount of
bond or other undertaking, not less than $15,000 to be imposed on the
petitioner should the stay be granted, explaining why that amount is reasonable
in light of the identified potential injuries;
(e) A description of any other procedures, if
any, the petitioner believes should be followed by the State Forester in
determining the appropriateness of the stay request; and
(f) An appendix of affidavits containing all
evidence upon which the petitioner relies in support of the statements required
in subsections (2)(c) and (d) of this rule.
(3) The request for stay and all required
accompanying documents must be filed with the State Forester at the same time
the request for a hearing is filed.
(4) The State Forester shall notify the
parties listed in the petition for stay, that they may participate in the stay
proceeding if they file a response in accordance with section (5) of this rule.
The State Forester shall include in this notice a time certain for filing a
response to the request for stay.
(5) The landowner, timber owner or operator
may file a response to the request for stay. The response shall contain:
(a) The name, address, and telephone number
of the person filing the response, except that if the person is represented by
an attorney, then the name, address, and telephone number of the attorney shall
be included and the person's address and telephone number may be
deleted;
(b) A statement accepting
or denying each of the statement of facts and reasons provided in the
petitioner's stay request;
(c) A
statement accepting, rejecting, or proposing alternatives to the petitioner's
statement on the bond or undertaking amount or other reasonable conditions that
should be imposed on petitioner should the stay request be granted.
(6) The response may contain
affidavits containing additional evidence upon which the person relies in
support of the statement required under subsections (5)(b) and (c) of this
rule.
(7) The response must be
delivered or mailed to the State Forester and to all parties identified in the
stay request.
(8) After the
deadline for filing responses, the State Forester may:
(a) Issue a temporary order on the stay upon
the basis of the material before the State Forester; or
(b) Conduct such further proceedings as the
State Forester deems desirable; or
(c) Determine that the circumstances
reasonably permit delay of consideration of a stay until the hearing.
(9) The State Forester's temporary
order may:
(a) Grant the stay upon a showing
that commencement or continuation of the operation will constitute a violation
of the rules of the board, the person requesting the stay will suffer
irreparable injury if the stay is not granted, and the requirements of ORS
527.700(3), (4) and (5) are met. The State Forester shall limit the effect of
the stay to the specific geographic area or elements of the operation for which
the person requesting the stay has demonstrated a violation of the rules and
irreparable injury;
(b) Deny the
stay request upon a finding that the petitioner failed to show that the
requirements of ORS 527.700(8)(a) are met or granting the stay will result in
substantial public harm.
(10) If the State Forester grants the stay,
the person requesting the stay shall be required to give an undertaking which
may be in the amount of the damages potentially resulting from the stay, but in
any event shall not be less than $15,000. The undertaking shall be in the form
that the State Forester determines best protects the interests of the person
against whom the stay is imposed. In the event the written plan for which the
stay was granted is affirmed in whole or in part, the State Forester shall
retain the undertaking until all damages, including attorney fees, costs and
expenses have been paid.
(11) The
State Forester's temporary order shall be subject to review as part of the
hearing reviewing the written plan. The temporary order of the State Forester
may be affirmed, rescinded or modified by final order of the
Board.
Stat. Auth.: ORS 527
Stats. Implemented: ORS
527.700
