Or. Admin. Code § 635-005-0815

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

Section 635-005-0815 - Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Sea Urchin and Sea Cucumber Permit established pursuant to OAR 635-005-0795, 635-005-0820 and 635-005-0830 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Sea Urchin and Sea Cucumber Permit shall be as pursuant to ORS 508.760. For the Sea Urchin and Sea Cucumber fishery, the Board may waive requirements for renewal of permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant's request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

Or. Admin. Code § 635-005-0815

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 19-2016, f. 3-23-16, cert. ef. 4/1/2016

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 506.109, 506.129 & 508.762