Oregon Administrative Rules
Chapter 738 - OREGON DEPARTMENT OF AVIATION
Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION
Section 738-070-0170 - Administrative Appeal

Universal Citation: OR Admin Rules 738-070-0170

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

(1) The proponent of a construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to state it, may petition the Director, within 30 days after issuance of the determination under OAR 738-070-0090 or 738-070-0160 or revision or extension of the determination under OAR 738-070-0180, for a review of the determination, revision, or extension. This section does not apply to any acknowledgment issued under OAR 738-070-0090(3)(a) that does not exceed standards and does not constitute a hazard.

(2) The petition must be in triplicate and contain a full statement of the basis upon which it is made.

(3) Except under section (4) of this rule the Director will examine each petition and decide whether a review will be made and, if so, whether it will be:

(a) A review on the basis of written materials, including a study of a report by the Department of the aeronautical study, briefs, and related submissions by any interested party, and other relevant facts. Following such review, the Director may affirm, revise, or reverse the determination issued under the provisions of this rule;

(b) A review on the basis of a hearing, conducted in accordance with the procedures prescribed in the Administrative Procedures Act for contested cases.

(4) If petitioner qualifies under section (1) of this rule and requests a contested case hearing, the review will be conducted as a contested case under the Administrative Procedures Act. (ORS Chapter 183).

Stat. Auth.: ORS 184, ORS 835 & ORS 836

Stats. Implemented: ORS 836.530

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