Or. Admin. Code § 629-672-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 629-672-0100 - Orders of the State Forester

Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate to fish streams apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.

(1) As used in OAR 629-672-0100 to 629-672-0310, order of the State Forester issued under ORS 527.610 to 527.770 means:

(a) An order denying approval of a plan for an alternate practice (OAR 629-605-0173(3)).

(b) An order to repair damage or correct unsatisfactory condition (ORS 527.680(2)(b)).

(c) Temporary order to cease further activity (ORS 527.680(3)).

(d) An order prohibiting new operations (ORS 527.680(5)).

(e) An order denying approval of a stewardship agreement (ORS 527.662(13)).

(f) An order requiring an operator, timber owner, or landowner to provide financial assurance pursuant to section 45(6), chapter 33, Oregon Laws 2022.

(g) An order that an operator, timber owner or landowner has a history of significant violations pursuant to section 46(6), chapter 33, Oregon Laws 2022.

(2) Whenever an order affecting an operator, timber owner or landowner is issued under ORS 527.610 to 527.770, notice of the order shall be given to the affected party by personal service or certified mail. As used in this section, 'personal service' means service on the party by any officer, employee, or agent of the Oregon State Department of Forestry. The notice shall include:

(a) A reference to the particular sections of the statute, rule, standard, order or permit involved;

(b) A short and plain statement of the matters asserted or charged;

(c) A statement of the person's right to request a hearing within 30 days from the date of service;

(d) A statement that the notice becomes a final order unless the person makes a written request for a hearing within 30 days from the date of service or mailing of the notice; and

(e) A statement that the record of the proceedings to date, including the agency file on the subject of the order automatically becomes part of the contested case record upon default, for the purpose of providing a prima facie case.

Or. Admin. Code § 629-672-0100

FB 2-1989, f. & cert. ef. 9-20-89; FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0100; DOF 7-1998, f. 3-31-98, cert. ef. 5-1-98; DOF 3-1999, f. & cert. ef. 7-13-99; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06; DOF 5-2022, amend filed 11/09/2022, effective 7/1/2023; DOF 13-2023, minor correction filed 07/01/2023, effective 7/1/2023

Statutory/Other Authority: ORS 526.016, 526.041 & Section 2(1), Chapter 33, Oregon Laws 2022

Statutes/Other Implemented: ORS 527.662 & 527.674