OAR 141-085-0780
Revoking or Suspending an Authorization; Allowing Corrective Action

(1)

Revocation or Suspension if Out of Compliance. The Department may revoke or suspend an authorization if an alleged violator is not in compliance with any conditions of an authorization, or if the applicant failed to provide complete and accurate information in the permit application.

(2)

Suspension for Delinquency of Payment. Any authorization shall be suspended during any period of delinquency of payment of the renewal fee and will be treated as though no authorization had been issued.

(3)

Procedures to Revoke or Suspend Authorization. The Department may initiate the following proceedings to revoke an authorization:

(a)

The Department will issue a Notice of Intent to Revoke or Suspend to the alleged violator stating the intent to revoke or suspend the authorization; and

(b)

The Notice will include the following information:

(A)

A statement of the alleged violator’s right to a contested case hearing within 20 calendar days of receiving the notice;

(B)

A statement of the authority and jurisdiction under which the contested case hearing is to be held;

(C)

Citations for the relevant sections of law and rule;

(D)

A short and plain statement of the matters asserted or charged as constituting the violation(s); and

(E)

A statement of any action that is necessary by the alleged violator to correct or offset the effects of the violation including, but not limited to, removal of filled material or replacement of removed material.

(c)

Any action specified in the notice will include a reasonable time period in which to complete the corrective action.

(A)

If the alleged violator completes such action within the specified time period, the revocation or suspension procedure will be terminated; and

(B)

If the authorization holder fails to request a contested case hearing, the Department may issue a final order revoking or suspending the authorization after presenting a prima facie case demonstrating that a violation has occurred.

(4)

Revocation or Suspension of Multi-Year Authorizations. If a person fails to comply with reporting requirements or any other condition of a multi-year authorization the Department may revoke the multi-year status and require annual renewal, suspend the permit pending correction, or take any other enforcement action available to the Department.

(5)

Appeals Procedures. Procedures for requesting an appeal on a revocation or suspension are as set forth in OAR 141-085-0775 (Enforcement Actions and Procedures; Appeals)(4) and (6).

Source: Rule 141-085-0780 — Revoking or Suspending an Authorization; Allowing Corrective Action, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-085-0780.

141‑085‑0500
General 141‑085‑0506
Policy 141‑085‑0510
Definitions 141‑085‑0515
Removal-Fill Jurisdiction by Type of Water 141‑085‑0520
Removal-Fill Jurisdiction by Volume of Material 141‑085‑0525
Measuring and Calculating Volume of Removal and Fill 141‑085‑0530
Exemptions for Certain Activities and Structures 141‑085‑0534
Exemptions for Certain Voluntary Habitat Restoration Activities 141‑085‑0535
Exemptions Specific to Agricultural Activities 141‑085‑0540
Types of Authorizations 141‑085‑0545
Fees 141‑085‑0550
Application Requirements for Individual Permits 141‑085‑0555
Individual Removal-Fill Permit Application Review Process 141‑085‑0560
Public Review Process for Individual Removal - Fill Permit Applications 141‑085‑0565
Department Determinations and Considerations in Evaluating Individual Permit Applications 141‑085‑0575
Permit Appeals 141‑085‑0580
Discovery in Contested Cases 141‑085‑0585
Permit Conditions, Permit Expiration Dates and Permit Transfer 141‑085‑0590
Renewal and Extension of Individual Removal-Fill Permits 141‑085‑0595
Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities 141‑085‑0665
Expedited Process for Industrial or Traded Sector Sites 141‑085‑0676
Emergency Authorizations 141‑085‑0680
Compensatory Mitigation (CM) 141‑085‑0685
Functions and Values Assessment 141‑085‑0690
Eligibility Requirements for CM 141‑085‑0692
Mitigation Accounting 141‑085‑0694
Special Requirement for CM 141‑085‑0695
Administrative Protection of CM Sites 141‑085‑0700
Financial Security for CM Sites 141‑085‑0705
Requirements for CM Plans 141‑085‑0710
Monitoring Requirements for CWM 141‑085‑0715
Mitigation for Temporary Impacts 141‑085‑0720
Mitigation Banking Purpose, Applicability and Policies 141‑085‑0725
Process for Establishing Mitigation Banks 141‑085‑0730
Establishment of Mitigation Credits 141‑085‑0735
Release, Use and Sale of Mitigation Credits 141‑085‑0740
Authorization for Mitigation Banks 141‑085‑0745
In-Lieu Fee Mitigation 141‑085‑0750
Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund 141‑085‑0755
Advance Mitigation 141‑085‑0768
Advance Aquatic Resource Plans 141‑085‑0770
Complaints and Investigations 141‑085‑0775
Enforcement Actions and Procedures 141‑085‑0780
Revoking or Suspending an Authorization 141‑085‑0785
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 141-085-0780’s source at or​.us