OAR 629-165-0300
Claims Processes — Evidence of Necessity

When payment is claimed from the fund for emergency fire suppression costs incurred on a fire where an owner, operator or other person has an obligation to pay those costs pursuant to ORS 477.068 (Liability for cost of abatement), 477.085 (Liability for cost of protecting land within a forest protection district) or 477.120 (Liability of owner or operator), the district warden must provide evidence to the administrator supporting the necessity of advancing payment, pending ultimate resolution. Evidence which may be acceptable to the administrator must include, but is not limited to:

(1)

A statement signed by the district warden stating the entity responsible for fire suppression costs has refused to accept responsibility or is unable to pay fire costs;

(2)

A notification to the administrator that fire cost recovery proceedings have been initiated against an owner, operator or other person that has an obligation to pay fire suppression costs;

(3)

A statement from an authorized State Forester’s staff member or by an assistant attorney general that fire suppression costs are deemed uncollectible. This statement must include the reason for the decision; or

(4)

A statement by a district warden that recovery of fire costs appears to be assured, but delays in the recovery process will make it necessary to support the district’s financial resources until costs can be processed, the responsible party is billed and payment is received.

Source: Rule 629-165-0300 — Claims Processes — Evidence of Necessity, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=629-165-0300.

Last Updated

Jun. 8, 2021

Rule 629-165-0300’s source at or​.us