Or. Admin. Code § 141-015-0040

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

Section 141-015-0040 - Contested Case Hearing

(1) Within 30 days after mailing of the estimate by the Forester, the purchaser may request a contested case hearing before the Forester and the Director of the Division of State Lands concerning any of the following issues:

(a) Whether a default was committed by the purchaser;

(b) Whether the corrective action which the Forester ordered to be taken by the purchaser is appropriate;

(c) Whether the Forester's estimate of damages and expense incurred or to be incurred by the state as a result of the alleged default is reasonable or arbitrary;

(d) Whether the security posted or proposed to be posted by the purchaser is sufficient; and

(e) Any other issues relevant to the purchaser's qualifications to bid.

(2) The hearing shall be governed by ORS 183.413 to 183.497. A hearings officer may be appointed by the Director and the Forester to hear the case. However, the hearings officer shall not have authority to issue a final order. Any order issued under this rule shall be signed by both the Director of the Division of State Lands and the State Forester and may be appealed as provided in ORS 183.482.

Or. Admin. Code § 141-015-0040

LB 10-1982(Temp), f. & ef. 11-18-82; LB 1-1983, f. & ef. 4-29-83

Stat. Auth.: ORS 273

Stats. Implemented: ORS 273.521