OAR 603-082-0060
Action by the Director
(1)
The director may issue a proposed order approving, approving with conditions or denying a plat application. The director may grant or deny an application no later than the 90th day from after the date of publication of the notice referred to in OAR 603-082-0030 (Application Requirements)(2). The 90 day time period may be extended for a reasonable period of time at the request of the applicant and approval of the department.(2)
The proposed order shall include or be accompanied by the following:(a)
A caption with the name of the department, the name of the claimant and a case number if used;(b)
A statement describing the purpose and effect of the proposed order, and the factual and legal basis for it, including citation to the statutes and rules relied upon;(c)
A statement of the claimant’s right to challenge the proposed order by requesting a hearing, and that the request must meet the following requirements:(A)
A request for hearing must identify the matter appealed by the claimant’s name, the date of the proposed order and the department’s case number, if any;(B)
A request for a hearing must explain how the claimant considers the proposed order to be legally or factually incorrect.(C)
To be timely, a request for a hearing must be received by the department by the close of business on the 30th day after the date of the proposed order.(d)
A statement of additional rights and risks of the claimant, including at least the following:(A)
A statement informing the claimant that if a request for hearing is not received by the department by the established date, the claimant will have waived the right to a hearing and the proposed order will be final.(B)
A hearing in response to a request will be limited to the issues raised in the request;(C)
The claimant has the right to be represented by an attorney, but if the claimant is an agency, a corporation or an unincorporated association, the claimant must be represented by an attorney.(e)
How to get more information and the department staff member and address or facsimile number to which a request for hearing must be sent.(f)
A hearing shall be conducted pursuant to ORS 183.415 (Notice of right to hearing) et seq.(3)
Upon final approval of a plat, a boundary survey shall be prepared and submitted to the department before a Grant Certificate is issued. A professional surveyor licensed in Oregon shall conduct the survey.(4)
The boundary corners of existing and new plats shall be plainly and distinctly marked out by a means that does not obstruct navigation.
Source:
Rule 603-082-0060 — Action by the Director, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-082-0060.