Or. Admin. Code § 141-145-0055

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-145-0055 - Renewal of Authorizations

(1) Access authorizations and leases are eligible for renewal.

(2) The holder of an access authorization may renew for one (1) additional term.

(3) The holder of a lease may renew for additional terms.

(4) The holder of an easement may apply for a new easement prior to the expiration of the term.

(5) The holder of an access authorization or lease shall exercise the right to renew not less than 90 calendar days prior to the expiration of the then current term. If the holder fails to renew within the time required, the authorization will terminate at the expiration of the current term.

(6) To exercise the right to renew, the holder must submit to the Department:

(a) A written statement, on a form provided by the Department:

(A) Notifying the Department of the holder's intent to renew;

(B) Certifying that the uses or structures that are the subject of the existing authorization are consistent with local, state, and federal law; and

(C) Certifying that the existing uses and structures are consistent with the existing authorization.

(b) A non-refundable renewal fee of $375, payable to the Department.

(7) Upon receipt of the required information and renewal fee, the Department shall determine, in its sole discretion, whether:

(a) The right to renew was exercised not less than 90 calendar days prior to the expiration of the then current term of the authorization;

(b) The holder has fully complied with the terms of the current authorization, the applicable statutes, or Oregon Administrative Rules; and

(c) The holder has fully complied with any other authorizations granted to them by the Department.

(8) If the Department determines that the renewal complies with the requirements of OAR 141-145-0055(5), the Department will provide written notice to the holder that the authorization has been renewed for the additional term stated in the notice.

(9) Compensation for the use of state-owned land shall be re-calculated upon renewal in accordance with in OAR 141-145-0060. Compensation shall be due prior to the issuance of the renewal.

(10) As a condition of renewal, the Department may amend the terms and conditions of the authorization at the time of renewal.

(11) If the Department determines that the renewal does not comply with the requirements of OAR 141-145-0055, the Department will provide written notice to the holder that the authorization will not be renewed. In that event, the authorization will terminate at the expiration of the current term.

Or. Admin. Code § 141-145-0055

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274