Or. Admin. Code § 141-126-0240

Current through Register Vol. 64, No. 1, January 1, 2025

Section 141-126-0240 - Reconsideration of Decision

(1) An applicant for a communication site facility lease, or any other person adversely affected by the issuance or denial of communication site facility lease on state-owned land, may request that the director or the State Land Board, depending upon which made the decision, reconsider the decision:

(a) Such a request must be received in writing by the director no later than 30 calendar days after the date of the decision.

(b) The director will review the request and reach a decision within 60 calendar days after the date that the director received the request.

(c) If the director made the underlying decision, the director may affirm the decision, issue a new or modified decision, or request the applicant to submit additional information to support the request for reconsideration.

(d) If the State Land Board made the underlying decision, the State Land Board may affirm the decision, issue a new or modified decision, or request the applicant to submit additional information to support the request for reconsideration. The director may make a recommendation to the State Land Board.

(2) Upon exhausting the reconsideration process in subsection (1), the applicant or adversely affected person may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470. Hearing requests must be submitted within 20 calendar days of the decision after reconsideration.

Or. Admin. Code § 141-126-0240

DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024

Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245

Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5