Or. Admin. R. 141-090-0050

Current through Register Vol. 63, No. 9, September 1, 2024

Section 141-090-0050 - Request for Reconsideration, Contested Case, and Appeal

(1) A JD by the Department may be reconsidered upon written request to the Department by the landowner, agent, or applicant with landowner approval within six months of the date of the JD (date the letter or form was signed by the Department). The request for reconsideration initiates an informal review process.

(2) New information may be provided by the applicant, landowner, agent or the Department, or may be requested by the Department, as part of the reconsideration process.

(3) A reconsideration may result in a modified JD or in the reaffirmation of the original JD.

(4) In the event that the landowner, agent, or applicant with landowner permission disagrees with the reconsideration decision, the applicant, landowner or agent may:

(a) Request a contested case proceeding pursuant to ORS 183.413 through 183.470 by submitting a written request so that it is received by the Department within 21 calendar days of the reconsideration decision; or

(b) Request an appeal by submitting a written request so that it is received by the Department within 21 calendar days of the reconsideration decision. The appeal option is available only when the disagreement is over a wetland determination or delineation that has been the subject of reconsideration decision by the Department. The appeal option is not available for ordinary high water line or highest measured tide determinations and does not involve a review of whether the wetland or other water is subject to state regulation.

(A) The Director shall decide the appeal within 60 calendar days after the date of delivery of the appeal.

(B) The Director may affirm the reconsideration decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal.

(C) When an applicant has exhausted the appeal process before the Director, they may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470.

Or. Admin. R. 141-090-0050

DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08; DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13; DSL 2-2023, amend filed 05/05/2023, effective 6/1/2023

Statutory/Other Authority: ORS 196.845 & 196.692

Statutes/Other Implemented: ORS 196.800 - 196.990, 196.600 - 196.665, 196.668 - 196.692 & 197.279