Or. Admin. R. 635-412-0030

Current through Register Vol. 63, No. 5, May 1, 2024

Section 635-412-0030 - Fish Passage Protests

(1) A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements.

(2) The owner or operator of the artificial obstruction who objects to a determination made by the Department under these rules may file a protest with the Commission. Protests must be submitted in writing within 30 days from the date the Department posts the determination on its website and must include the grounds for protesting that determination.

(3) The Commission may approve, deny, or modify the Department's proposed or final determination after sufficient opportunity for public review and comment.

(4) If a protest is not filed within 30 days from the date the Department posts the determination from the Department, the Commission's or Department's determination becomes a final order.

Or. Admin. R. 635-412-0030

DFW 23-2003, f. & cert. ef. 3-26-03; DFW 112-2004, f. & cert. ef. 11-17-04; DFW 154-2022, amend filed 12/19/2022, effective 1/1/2023

Statutory/Other Authority: ORS 496.138 & ORS 509.585

Statutes/Other Implemented: ORS 496.012 & ORS 509.585