Or. Admin. Code § 734-051-3090

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

Section 734-051-3090 - Post-Decision Collaborative Discussion

(1) Purpose. An applicant or permit holder may request a collaborative discussion pursuant to this rule. The post-decision collaborative discussion process is an optional dispute resolution process that falls outside the 120-day timeline in OAR 734-051-3040(4).

(2) Conduct of the Post-Decision Collaborative Discussion. The post-decision collaborative discussion with the department shall be conducted as follows:

(a) The collaborative discussion shall be conducted under the alternative dispute resolution model in ORS 183.502;

(b) The applicant must request the collaborative discussion in writing before the discussion may proceed;

(c) During the post-decision collaborative process, the applicant or permittee and the department may present new or additional information in writing or in person for the collaborative discussion; and

(d) The collaborative discussion shall be conducted not more than forty-five (45) days from the date of the agreement to collaborate, unless the department and applicant or permittee agree to an extension.

(3) Settlement Offer. When the collaborative discussion process has concluded, the director may accept, modify or reverse the department's original decision in making a settlement offer. The director shall notify the applicant or permit holder in writing of the department's settlement offer.

(4) When the Applicant Rejects Settlement Offer. Except for review of a department determination pursuant to OAR 734-051-3020(10)(a), when an applicant rejects the director's settlement offer, the department will notify the applicant of their right to request review of the final department decision by dispute review board under OAR 734-051-3100 or contested case hearing under OAR 734-051-3110.

Or. Admin. Code § 734-051-3090

HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12; HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12

Stat. Auth.: ORS 184.616, 184.619, 374.310-374.314, 374.345 & 374.355

Stats. Implemented: ORS 374.300-374.360, §27, ch. 330, OL 2011