OAR 629-041-0035
Appeals and Hearings Before the State Board of Forestry
(1)
Any request of an owner of grazing land or timberland to appeal a forest protection district budget to the State Board of Forestry under ORS 477.260 (Appeal to board)(1) must be made in writing, to the State Forester, and must be received within 30 days after the date of the public budget meeting for the forest protection district.(2)
In the written appeal in section (1) of this rule, the owner must specifically state the issues with the proposed forest protection district budget and the remedy sought.(3)
Upon receipt of a written appeal of a proposed forest protection district budget, the forester shall:(a)
Inform the owner/appellant of the time and place the board will discuss and decide final approval of the district protection budget, pursuant to ORS 477.265 (Board to deal with budgets annually);(b)
Ensure all written materials provided by the owner/appellant are distributed to board members for their consideration;(c)
Inform the owner/appellant whether there will be an opportunity for further oral or written comment to the board before its decision; and(d)
Inform the president of the appropriate forest protective association and the chair of the appropriate advisory budget committee appointed under ORS 477.240 (Advisory and guidance committees) about the budget appeal, the time and place the board will discuss and decide final approval of the district protection budget, and whether there will be an opportunity for further oral or written comment to the board before its decision.(4)
A written request by an owner of grazing land or timberland subject to ORS 477.205 (Definitions for ORS 477.205 to 477.281) to 477.281 (Limitation on obligation of landowner for fire protection) for a hearing before the State Board of Forestry under 477.260 (Appeal to board)(2) must be received by the State Forester within 30 days of the date of a written notice, including but not limited to notice of proposed assessment for forest protection under 477.250 (Notice of budget meeting)(2), to which the person wants to comment or within 30 days of the date of an activity of the forester or board affecting the land.(5)
Upon receipt of a written request for hearing under section (4) of this rule, the forester shall:(a)
Contact the owner to schedule a time and place that the forester and owner may further review the matter, if the owner so desires;(b)
In the event the matter is not satisfactorily resolved, in the judgment of the owner, through the informal review in subsection (a) of this section, the forester shall:(A)
Prepare a report for the board describing the issue and proposing final resolution of the matter; and(B)
Inform the owner of the time and place the board will meet to discuss the matter, and the opportunity for the owner to provide input.(6)
Any final resolution by the board of the matter raised under section (4) of this rule shall be prepared as a final order, and any further appeal of the board’s final action shall be as prescribed by ORS 183.484 (Jurisdiction for review of orders other than contested cases).(7)
Notwithstanding sections (5) and (6) of this rule, the forester may determine that a request for hearing under section (4) of this rule constitutes a contested case under ORS Chapter 183 (Administrative Procedures Act). In that event, a contested case hearing process will be followed and OAR 629-001-0005 (Model Rules of Procedure) to 629-001-0055 (Delegation of Authority to State Forester) shall apply.(8)
Any other matters of forestland fire protection of a more general nature may be addressed to the board at any time the board schedules public comment at any of its meetings, in the manner and time prescribed by the chairperson of the board.
Source:
Rule 629-041-0035 — Appeals and Hearings Before the State Board of Forestry, https://secure.sos.state.or.us/oard/view.action?ruleNumber=629-041-0035.